Can Developers Just Override YourRight to Light? Understanding Section 203

If you’ve heard a developer say “yourright to light has been overridden,” they’re probably talking about Section 203 of the Housing and Planning Act 2016. It’s a legal tool that developerssometimes use when rights to light (or other private rights) threaten to delayor derail a project.

But here’s the thing: it doesn’t wipe outyour rights entirely. And it doesn’t mean you’re out of options.

This article breaks down what Section 203actually does, when it can be used, and what you can do if your property isaffected.

What Is Section 203?

Section 203 allows certain public bodies,and those they sell or lease land to, to carryout building works even if those works interfere with private rights suchas rights to light.

It sounds dramatic. And it is. But it’snot a free pass.

What Section 203 does is convert your right to an injunction into aright to compensation. In other words, if a valid right to light isinterfered with, and the development has been lawfully authorised throughSection 203, you can no longer stop the works. But you can claim financial damages instead.

When Can Section 203 Be Used?

Not every developer can rely on Section203. It only applies when:

●     The land was owned or leased by a local authority oranother public body

●     The buildingworks have been authorised by planningpermission

●     Theinterference is necessary to deliver the approved scheme

●     Thedevelopment is considered to be in the publicinterest

Most importantly, Section 203 doesn’t apply to private land - it only kicks in wherepublic land is involved, or where a developer has acquired land from a publicbody for the purpose of carrying out a regeneration or public-benefit scheme.

In practice, developers often approachcouncils to “appropriate” land forplanning purposes before starting construction. This legal mechanismtransfers the land into a different category, triggering Section 203 and givingthe developer a route to proceed without needing to settle or negotiate everyprivate right in advance.

What Does That Mean for You?

If you have a right to light and adeveloper uses Section 203, you lose the ability to stop the development withan injunction. But you gain a statutoryright to compensation under Section 204.

That might sound like a fair trade, butin reality, many property owners are left blindsided.

Here’s what to know:

●     You are still entitled to damages - the developer doesn’t get away with nothing.

●     The level of compensation is still assessed with reference to the impact on your property.

●     You can challenge the use of Section 203 if itwas applied unlawfully or disproportionately.

●     You can arguethat the scheme does not truly serve thepublic interest, especially if it benefits only private housing orcommercial profit.

Can You Challenge Section 203in Court?

Yes, but it'sextremely difficult. Courts will defer to public authorities' judgment underthe Wednesbury standard unless there's clear evidence of proceduralfailure or misuse of power.

Judicialreview is possible - but you must act within six weeks of theresolution and obtain court permission. Successful challenges typically focuson whether councils failed to properly consider impacts on affected propertyowners or didn't follow their own stated procedures.

Proportionalityremains central - authoritiesmust demonstrate genuine public benefit that outweighs private rights. Recentcases like Kevin Cooper v Ludgate House Limited [2025] show courts willscrutinise whether the public interest genuinely justifies the interference,but they won't second-guess planning judgments.

The reality isstark: even where proceduralconcerns exist, courts recognise Parliament's clear intention that Section 203should facilitate development in the public interest. The Cooper caseinvolved Bankside Yards development where no judicial review was even attemptedagainst the Section 203 resolution - parties focused on private law remediesinstead.

Bottom line: prevention is better than cure. Engagerobustly during consultation stages rather than relying on subsequent courtchallenge. Once validly exercised, Section 203 powers work exactly asParliament intended - private rights become compensatable in damages, notprotectable by injunction.

What Should You Do If YouThink Section 203 Is Being Used Against You?

1. Don’t panic - but don’t     ignore it. Just because the developer is quoting     legislation doesn’t mean you’ve lost your right to fair treatment.
      
      
2. Check whether the land really has been appropriated by a public authority for planning purposes.
      
      
3. Get a light loss assessment     to understand the extent of the interference.
      
      
4. Take legal advice early. A solicitor with rights to light expertise can help you assess     whether a challenge is possible, and if not, how to maximise your     compensation.
      
      

Our View

Section 203 is a powerful tool - but nota blank cheque. It doesn’t erase your right to light. It simply changes theremedy, and it comes with strict conditions. Many developers hope propertyowners will be intimidated or accept a low offer. But with the right advice,you can push back.

At Daylight Protect, we’ve worked oncases involving complex land ownership, public bodies, and Section 203disputes. We know how to challenge poor processes, negotiate strongcompensation, and make sure your rights are respected.

Think your light has beenoverridden? We can help.

If a developer or local authority isusing Section 203 to bypass your rights, get in touch. We’ll help youunderstand the process, your options, and what a fair outcome should look like.

‍