Rights of light declaration granted despite no imminent threat

Table of contents

• Original news
• What were the key features of the case?
• Why did the court grant declaratory relief if there was no imminent threat?
• Why was the declaration granted in this case?
• Could the outcome have been any different?

Article summary

Property analysis: A property owner will not obtain a quia timet injunction (an injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced) to prevent a development going ahead unless there is an immediate threat. However, a recent case shows the court may still grant a declaration.