Court rules on proposed roof and airspace development

A developer has lost a legal dispute over proposed work on the roof of a residential block of flats.

In the case of Waites vs Hambledon Court, the freeholder leased the airspace above the garage blocks to a developer with the intention of constructing a flat on top of each one. However, the flat owners opposed the plans on the basis that their leases of the garages gave them ownership of the parts proposed to be developed. Litigation ensued, initiated by the developer seeking to clear off the tenant’s challenge to its ownership.