Proposed changes to a Walthamstow estate regeneration risk exposing the project to loss-of-light compensation claims from neighbours.  

Last year, Waltham Forest Council agreed to let developer Countryside, already years into rebuilding the Marlowe Road Estate, submit a new planning application that would add an extra 144 flats to the site.

If approved, existing neighbours would see more than 30 planned terraced properties swapped for three blocks of six to eight storeys.

During a public webinar in July last year, architects working with Countryside told neighbours there would be “no overshadowing” of Turner Road, which runs along the northern edge of the estate.

However, consultant GL Hearn produced a report in November warning the impact to other neighbours would “range in significance” and could give rise to compensation claims.

New blocks (dark blue) and properties that may lose light (orange) (Credit: GL Hearn)

Due to commercial sensitivity the council has refused to publish a copy of GL Hearn’s full right to light report, instead publishing a redacted daylight and sunlight report.

The report finds seven neighbouring properties that will lose 20-40% of light to some windows, including the Lord Brooke pub and homes on Vallentin Road and Shernall Street.

The report concluded the changes would have a “minor adverse impact” on daylight and sunlight but that the designs have a “high level of compliance for an inner city area and for a development of this scale and massing”.

It added: “The design team have worked to ensure reductions where possible have been mitigated… In our opinion, the proposed development would not materially affect the adjoining properties.” 

The surveyor estimates 84% of the rooms in the proposed blocks themselves will have the recommended amount of daylight and sunlight.

Local resident Daniel Vockins has criticised the council for trying to “cram in more taller blocks” on the site and its refusal to publish a report detailing what those claims could be.

He added: “Despite some engagement with the council and developers on this, they’ve still not released a copy of the Right to Light report and we still don’t have a clear idea of how local residents would be directly affected by these changes, particularly in terms of loss of light, overshadowing and privacy.”

To avoid delays to the planning process by neighbours at risk of losing their right to light, on 4th February the council agreed to make a legal move to “appropriate” the land using the Housing and Planning Act 2016.

In a public report, strategic director of economic growth and housing delivery Stewart Murray said: “A prospective claimant will not be able to obstruct the development by obtaining an injunction seeking to stop the development, providing that the development is carried out in accordance with the planning permission.”

In a joint statement, Countryside and the council admitted they did not fully address loss of light during last July’s consultation and will now carry out another five-week consultation with residents.

Their spokesperson added: “The process that residents should follow if they believe that they may have an interest/right affected by the proposed redevelopment will be set out in the letter to be sent out which will commence the consultation.”

Full plans for revised Marlowe Road Estate designs can be viewed on the Waltham Forest Council planning website using reference code ​​213611.