– The purpose of this paper is to establish a methodology by which the impact of trees may be assessed in rights of light cases.
– By considering the available technologies and theoretical modelling, the research demonstrated that the loss of daylight resulting from the existence of trees can be evaluated to a reasonable degree such that their effect in rights of light cases may be taken into account by the courts.
– The extent of obstruction to daylight that is caused by trees changes from season to season, i.e. trees grow in height and/or width and deciduous trees tend to lose their leaves during the winter. Measurement of the trees should occur during winter months and reasonable approximations can be made.
– Further research is advisable to provide a more complete compendium of tree types and to build a reliable database of transparency values and rights of light software will need to be modified to simplify the calculation process.
– The consideration of trees in rights of light cases may be very significant. A dominant owner may be more affected by a proposed development if part of their light is already obstructed by trees and a servient owner may have an argument that existing trees cause a significant obstruction which might, in the right circumstances, reduce or remove the actionability of their proposals.
– This research will have considerable benefit to anyone contemplating rights of light involving obstruction by trees.
– This is the first time that the use of BRE transparency factors for trees has been considered in connection with rights of light.
