A retired couple is taking legal action against the developers of a 17-storey office tower they claim is blocking the natural light in their £1m apartment.
Stephen and Jennifer Powell are now suing over the obstruction caused by the Arbor tower, which forms part of the larger £2bn Bankside Yards development.
This case could potentially lead to the demolition of the £35m building.
The Impact on the Powells’ South Bank Apartment
The Powells, who live on the 6th floor of their apartment on the South Bank of the River Thames, have been complaining that the Arbor tower is reducing the amount of light reaching their home.
They say the lack of natural light is making it difficult for them to read in bed.
The couple, who have lived in their apartment for over 20 years, chose this location for its ample natural light, and they are now seeking an injunction to restore it.
Neighbour Joins the Lawsuit Over Light Issues
In addition to the Powells, their neighbour, Kevin Cooper, who lives on the 7th floor of a nearby flat, has also joined the lawsuit.
Cooper purchased his property in 2021, valuing it for the light that floods through it.
Together, they are demanding the developers either alter the rest of the tower plans or demolish Arbor altogether to resolve the issue.
Legal Arguments and Disputes Over Light Rights
The couple’s lawyer argues that the light is not just a trivial aspect of their living space but a vital part of their health, well-being, and productivity.
Their barrister, Tim Calland, stated that the development has blocked what was once “exceptional natural light” for the residents.
The claimants argue that the only way to restore their right to light is by granting an injunction.
Developers Fight Back, Claiming No Major Interference
Ludgate House Ltd, the developer of the Arbor tower, is defending the claims, arguing that the building does not block enough light to constitute a valid nuisance.
They argue that the reduction in light is minor and that the flats remain usable and valuable.
In fact, they suggest that the couple could simply use artificial light if reading in bed is problematic.
The Demand for Financial Compensation
If the court refuses to grant the injunction, the claimants are seeking damages.
These could potentially be worth millions, depending on the impact on the value of their properties.
The developers, however, maintain that the reduction in light does not significantly interfere with the enjoyment of the flats and argue that the compensation demands are excessive.
The Court’s Role and the Future of Arbor Tower
The case has raised significant questions about the rights to natural light in urban developments.
While the Powells and Cooper seek an injunction to protect their light, the developers argue that demolishing the building would be wasteful and would deprive the area of much-needed office space.
The legal proceedings continue, with both sides making their case.
Negotiation and Potential Settlement
The developers have also pointed out that they have already offered compensation to the Powells and Cooper for their light rights.
The Powells were offered £36,000, while Cooper was offered £26,000.
However, the claimants argue that these sums are insufficient and are fighting for more.
The case is now in the hands of London’s High Court, with a decision yet to be made.
Conclusion: What’s at Stake for Both Sides
The legal battle between the Powells, Cooper, and the developers of Arbor tower could have wide-reaching consequences for property development in London, particularly in how rights to light are handled in new developments.
While the Powells and their neighbour seek to protect their living conditions, the developers argue that tearing down the building would be an extreme and costly solution.
The case continues to unfold, and it will be interesting to see how the court rules on this complex issue.