Judge demands partial dismantlement of office block extension over right to light

A judge has ordered that part of the top two floors of a newly-extended Leeds office block be demolished, following a complaint from a neighbouring property owner that the development was blocking out his light.

The owner of the former Penny Bank building in Infirmary Street, Marcus Heaney, successfully applied for an injunction against Highcross, the developer of the  Toronto Square office complex in Leeds city centre, last month.

Leeds City Council granted Highcross planning permission to add two additional floors to the five-storey building in March 2007, with the work being completed by the summer of 2009.

Matthew Baker, one of the solicitors at Pinsent Masons LLP which represented Mr Heaney, told the BBC: "Developers finally need to realise that they cannot just assume that rights of lights claims can be paid off prior to, or in the course of, a trial. Instead they need to resolve all potential claims before actually starting work, otherwise their prize development may end up being ripped down."

Highcross, which estimates that the cost of dismantling part of the upper floors would be between £1m and £2.5m, has applied for to leave to appeal against the decision.