Residents of College Lane are opposing the proposed development at 47 Line Wall Road and 15-17 College Lane, which seeks to demolish the existing building and construct a new office complex.
The residents argue that the scale and proximity of the proposed office development would reduce access to natural light for homes along College Lane, negatively affecting residents’ health, well-being and enjoyment of their properties.
They have raised these concerns in a letter to the Town Planner ahead of the Development and Planning Commission considering an application for outline planning permission filed by 47 LWR Ltd.
The residents have also brought in an expert to advise them on ‘right of light’ issues and are calling on the DPC to examine this aspect carefully.
Paul Fawell, director of UK-based of Right of Light Consulting, said he has been handling ‘right of light’ matters in Gibraltar for nearly 20 years and “this is undoubtedly one of the most extreme cases I have encountered”.
“The first case I dealt with in Gibraltar was the Rosia Cottages / Rosia tanks development which I recall was reported on in the media at the time,” he said.
“What makes the College Lane situation particularly severe is that the properties are single aspect and get all their natural light from the elevations facing the development.”
Mr Fawell also noted that the scale and proximity of the proposed office development would create substantial harm to the surrounding properties by blocking natural daylight and sunlight.
“Such impacts are material planning considerations that have not been properly addressed by the developers,” he said.
“I urge the Development and Planning Commission to ensure that a comprehensive daylight and sunlight assessment is carried out before moving forward with this application.”
The residents are also requesting a 21-day extension to the consultation period once the assessment is submitted, allowing them time to review and respond.
The affected properties may also have legal rights to light, said Mr Fawell, a separate civil entitlement distinct from the daylight and sunlight considerations under planning law.
He said residents were prepared to take legal action if necessary.
The group has prepared rendered 3D images which aim to “highlight the potential harm to neighbouring properties, underscoring the need for a detailed assessment,” Mr Fawell said.
