Decision details

To override the rights to light over the land at Cattle Market Road and part of Temple Island, Bristol pursuant to Section 203 of the Housing and Planning Act 2016.

The disposal of the Cattle Market Road site and part of the Temple Island site was approved by Cabinet in September 2017. The land sale agreement required the City Council to seek approval to exercise its powers of appropriation in respect of rights to light in relation to the Cattle Market Road property and part of Temple Island if it was not able to demonstrate that it acquired the property for development/planning purposes.
A right to light analysis report has been undertaken on behalf of the University of Bristol which demonstrates that no interference of rights to light exist, and that all of the neighbouring properties should continue to enjoy reasonable levels of light or be no worse off than they are presently.
Decision taken:
1.To confirm and evidence the Council’s purpose of the acquisition of the site in 2015 for development/planning purposes.
2.To confirm the intention of the Council to rely on Section 203 of the Housing and Planning Act 2016 to override the rights of light over land at Cattle Market Road and part of Temple Island, Bristol .
In doing so, the Council has considered the provisions of the Equalities Act 2010 and the Human Rights Act 1998 so far as they might be applicable in deciding whether or not to confirm the intention to override the rights of light. With regard to Article 1 of Protocol 1 Part II of Schedule I of the Human Rights Act 1998, it is considered that in balancing the rights of the individual who may be affected by the overriding against the benefit to the community of proceeding with the overriding, the overriding resulting in the interference of individual rights is justified in the interests of regenerating the area.

Option 1 - The Council could have elected not to utilise the powers available to it in order to override any rights of light however this would be contravention of the terms of the land sale agreement with the University of Bristol and may also have resulted in additional delays and costs to this important regeneration project.
Option 2 -
Option 3 -