Retired couple want £35,000,000 tower torn down because it stops them reading

A couple who own a £1million apartment on London’s South Bank are unhappy because a massive 17-storey office block is blocking light from entering their flat preventing them from reading in bed.

Stephen and Jennifer Powell, who live on the sixth floor of their apartment block and are retired, think the issue is so bad that they want the £35million Arbor tower knocked down.

The pair alongside their neighbour Kevin Cooper want an injunction against the developer of the tower, Ludgate House Ltd, because they believe it is blocking their ‘right to light’.

But lawyers for the developer said the best way to resolve the issue is for the couple to turn a light on.

Mr and Mrs Powell have lived in their apartment since 2002, while Mr Cooper moved into his in 2021. Arbor tower was built in 2019.

Barrister for Mr and Mrs Powell and Mr Cooper, Tim Calland, told London’s High Court: ‘Light is not an unnecessary ‘add on’ to a dwelling. Light does not just give pleasure, but provides the very benefits of health, wellbeing and productivity which the defendants are using to advertise the development. That is the reason claimants have brought their claims.

‘Mr Cooper, who chose his flat for its phenomenal light, places considerable value, as do his family, on the light he receives in a dwelling, not just for simple illumination but for the wellbeing of those who reside there.

‘Mr Powell, who has had his residence at Bankside Lofts for over 20 years, chose the flat over those with better views because it was flooded with light.

‘The only way to vindicate the claimants’ right of light – to preserve that access to adequate light – is with an injunction.’ 

He went on: ‘The claimants’ objective is not the demolition of Arbor if that can be avoided. They have always said they would accept alterations to the rest of the development as a means of restoring their light.

‘If an injunction is refused, the claimants will say that damages should be awarded in lieu of relief.’

John McGhee KC for Ludgate House Ltd (LHL) told the judge: ‘The reduction in light caused by Arbor is not such as to substantially interfere with the use or enjoyment of the flats and as such is not an actionable nuisance.

‘LHL has engaged extensively with all other owners of neighbouring buildings whose light might be affected. In almost all other cases, they have agreed to release any claim to interference with their light in return for modest sums by way of compensation.

‘In respect of the bedroom in Mr and Mrs Powell’s flat, the reduction in light is primarily around the headboard of the bed…anyone reading in bed would use electric light to do so for much of the time anyway. The injury is a minor one.

‘Ultimately, both Mr Cooper and the Powells are using these proceedings to seek to extract a ransom payment.’

Mr McGhee added that Mr and Mrs Powell had been offered £36,000 to release their right to light, and Mr Cooper was offered £26,000.

The hearing will continue.

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