EXISTING LEASE RIghts

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You will need to consider whether the rights granted to the tenants of any leases of the building over which development is proposed do not include any rights over the roof or airspace for which the proposed development would restrict those rights. 

This is necessary because if any tenant in the building could argue that the proposed development constitutes derogation from grant. Derogation from grant is commonly referred to in the context of landlord and tenant relationships. Where a landlord has granted rights to a tenant, which render the premises unfit for the purpose for which they were let, the landlord is said to have derogated from its grant (under the lease). 

For example, if the tenant has the right to use the roof for an escape in the case of an emergency and the landlord builds extra flats on top of the roof then the landlord would be, by allowing the rooftop and airspace development, preventing the tenant from exercising the right contained in its lease.

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