Uncertainty over ‘right of light’ legislation has cast a shadow across the Walkie-Talkie tower, the building currently under development at 20 Fenchurch Street. Backers of the 37-storey project are seeking official confirmation that construction of the tower will not expose them to right to light compensation claims in the wake of the recent case of the Toronto Square building in Leeds, detailed in an earlier blog.
In that case, developers were ordered to tear down two floors of a recently completed serviced offices development after a judge ruled there had been a breach of the claimant’s right to light.
The claimant and developer eventually settled out of court, meaning no legal precedent exists for planners to adhere to and leaving the construction industry in a state of flux.
The City of London committee will meet next Wednesday in an attempt to shed some definitive light on the case, brought by Land Securities and the Canary Wharf Group.
With seven buildings in the Walkie-Tower’s vicinity, the developers, who received planning permission in 2009, plan to ask the committee to grant immunity from right of light claims under Section 237 of the Town and Country Planning Act.
Section 237 is designed to protect developments providing economic benefits to the surrounding area, and was used by the committee last month to protect the 1 Mitre Square project in Aldgate.
The Walkie-Talkie has high serviced offices potential, with a projected 690,000 sq ft of office space and 23,000 sq ft of retail space. There will be trading floors, an outdoor roof terrace and London’s highest public park, containing botanic gardens and a restaurant.
Like another serviced offices development at Heron Tower, it has been designed to meet sustainability requirements, utilising solar panels and rainwater harvesting, and has gained a ‘very good’ minimum BREEAM rating in the process.
The 160m tower is scheduled to join London’s serviced offices contingent in 2014.
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