City protects Pinnacle site from rights to light claims

22-BishopsgatePlans for a 62-storey tower at 22 Bishopsgate, EC2, the site originally intended for the Pinnacle scheme, have moved a step closer after the City Corporation used statutory powers to fend off possible rights to light claims.

The planning and transportation committee of the City Corporation invoked rarely invoked powers that effectively involve the authority temporarily acquiring the site under a so-called section 237 agreement, in order to fend off possible legal action from neighbours concerned about rights to light.

Described as a “fresh start” for the Pinnacle site, the current proposal for 22 Bishopsgate – led by Lipton Rogers Development, AXA Investment Managers – Real Assets and PLP Architecture – is for a 62-storey building comprising almost 1m sq ft of offices.

The proposal was approved in December last year but the developers, fearing that right to light claims may be used to stop the plan from going ahead, sought assistance from the City to deal with a significant number of such claims involving surrounding buildings.

As a result, the City today authorised use of its powers under section 237 of the Town and Country Planning Act 1990, which overrides easements and certain other rights of third parties where land is acquired by a local authority for planning purposes.

This is the first high-profile tower for which the use of these powers has been authorised since the Walkie Talkie at 20 Fenchurch Street, EC3.

jess.harrold@estatesgazette.com