The consideration of trees in rights of light cases Part 2

Purpose: The purpose of this paper is to continue the research set out in the consideration of trees in rights of light cases Part 1. To consider whether it is possible to measure a tree with sufficient accuracy that the impact on daylight within a building can be predicted in a way that can be applied in rights to light cases. Design/methodology/approach: By reading published research on tree growth rates, crown transparency and theoretical modelling it is intended to determine the available methodologies for predicting light transmission through tree crowns. Then by inspecting common oak trees in all parts of the country, it is intended to review whether the available methodologies are capable of producing a relatively accurate result using manual methods or whether it is necessary to devise a software solution. Findings: The research found that whilst theoretical methods exist for predicting light obstruction by trees, these could not be used in practice and that manual methodologies would not provide sufficient accuracy. However, survey techniques such as 3D Point Cloud can be taken further with the development of a software solution that uses an algorithm to predict branch size and location where these are not visible in a survey. Research limitations/implications: This research concentrates on the theoretical aspect of assessing trees in rights to light cases. It is usually necessary for a live legal case to occur before research into software takes place. It will be necessary to develop the software and then test survey a tree in full leaf and in the absence of foliage to determine whether the algorithm is sufficiently accurate and this will take time. Practical implications: This research concentrates on the theoretical aspect of assessing trees in rights to light cases. It is usually necessary for a live legal case to occur before research into software takes place and the conclusion reached was that it will be necessary to develop the software and then test survey a tree in full leaf and in the absence of foliage to determine whether an algorithm is sufficiently accurate and this will take time. It has also been demonstrated that trees may be considered as existing obstructions in rights to light cases and that once software has been developed and tested then it will enable developers to show that their proposals have less impact on the daylight within an adjoining property than would be the case if trees are ignored. Social implications: In many instances, the economic development of a site, especially social housing, is limited by the rights to light of adjoining owners. Where it can be shown that the light levels enjoyed by those owners are already impaired by existing trees then this may assist the developer. Originality/value: At this point no one else has researched this subject to the extent contained in this paper.