Is there a legal basis of a "right to light" that may be blocked by adjacent trees? We are a small development of 22 flats set in what was the copse of the Old Manor House in Bedhampton, Havant. Our grounds are surrounded on two side by trees both in our grounds and outside our boundary which act as a barrier from the road for us and is part of the street scene outside. The majority of the trees in our grounds are subject to Tree Preservation Orders and every couple of years or so we apply to our local authority for planning permission to maintain the trees. A few years ago the area in which we live was designated a Conservation area so now we not only have to apply for planning consent to have tree works on the trees covered by TPO's we also have to apply for any tree work under the Conservation Order. We have four blocks, three of two floors, ground and first, and one block which is in the wooded area of our grounds, has three floors, ground first and second. The leaseholders who live on the top floor of this block have asked for the trees surrounding them to be reduced in height to allow more light into there apartments. Our local authority trees officer is of the view that the trees are healthy and form part of the conservation area/character and street scene and are not in need of reduction. The tree officer maintains the "right to light" is a factor that does not come into the decision making when considering application for reducing trees.

I know of no law that gives a legal right to light (where obstructed by trees) and can't possibly conceive there would be such a law If there were no doubt the councils would all be bankrupt from paying out !! there are rights enabling an owner to cut back parts of a tree that overhang your land there are liabilities should an owners tree cause structural damage to a neighbour's properties but I am not a lawyer!

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