The consideration of trees in rights of light cases: part 1

Abstract

Purpose – The purpose of this paper is to establish a methodology by which the impact of trees may be assessed in rights of light cases. Design/methodology/approach – 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. Findings – 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. Research limitations/implications – 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...