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- Thread starter Dirky
- Start date
Tangerinenick
Well-known member
Good luck with this Dirky. Honestly I have had to deal with some complete clowns in various planning departments. One example was the so called need to install a loft hatch - I had four different so called professionals telling me what to do. Hilarious if it wasnt costing me money
Tangerinenick
Well-known member
I feel your pain - try to resolve it with your neighbours if you can. I had a battle with a planning inspector who based his decision on photographs he took from over 200 ft away - due to covid restrictions - across a river and up my garden. Absolute joke - got all the councillors involved on the planning committee. The clown even argued loss of light over the neighbours outside toilet (he thought it was a kitchen).
Good luck and hope it all turns out okay for you and yours.
RUSTY_2_STANDS
Well-known member
Have they informed you under the Party Wall Act of their intention to build this?
Party Wall Act stuff will come I guess, won't be easy finding out existing foundation depths. That said my experience of PWA surveyors isn't great given our neighbours on the other side. We sound like nightmare neighbours but as long as you didn't want to ruin our lives with your building extensions we would genuinely be the best neighbours ever. IMHO 
Cuthbert
Well-known member
Contact Planning Aid England
You can contact Planning Aid England for planning advice by email. Separate charities exist that provide planning advice in Scotland, Wales and Northern Ireland
www.rtpi.org.uk
Alright bud, I have a private development company and consultancy and I am a planner, with extensive experience. Try Planning Aid. I have attached the link. Its a free service for individuals and community groups who have planning issues. You will get assigned a planner to look into your case. Must admit on not being particularly impressed with Blackpool Council (don't respond to correspondence), but a lot of local authorities are stretched beyond what is acceptable.
You need to be careful with a JR as you could have costs awarded against you and so often when matters get entrenched parties want revenge.
The ombudsman rarely gets involved in planning issues.
I think the best you can do is pursue some form of campaign by using Freedom of Information Act requests asking for all correspondence / emails / texts etc between various parties.
If you have a JR issue it may be around the amendments and these being significant and not following proper consultation / process.
todayistheday
Well-known member
Whats all that about, no trespassing in big white letters (No 111) just had a nosey on google.
The No Trespassing was our neighbours on the other side. We had a party wall agreement which ended up not being worth the paper it was written on. came on our land and rendered the side of their house in testa terres whilst we were at work. Been sweeping up shell for 13 years since.
Cuthbert - I'll have a look at Planning Aid - I did an FOI very recently for 18/0208 and they couldn't produce a drop of evidence the case officer had even seen our kitchen window. The more you look at things the more you see planning officers can pretty do much whatever they like. I work with them at the Council I'm at and it's not much different. There is a place in Hell for some people, and mine would be stuck there with a load of planning officers, but I like to think I won't be going in that direction.
Cheers,
Dirky
Cuthbert - I'll have a look at Planning Aid - I did an FOI very recently for 18/0208 and they couldn't produce a drop of evidence the case officer had even seen our kitchen window. The more you look at things the more you see planning officers can pretty do much whatever they like. I work with them at the Council I'm at and it's not much different. There is a place in Hell for some people, and mine would be stuck there with a load of planning officers, but I like to think I won't be going in that direction.
Cheers,
Dirky
Hi Cuthbert,
Thanks for taking the trouble to respond and sorry about my late reply - I had to get away for a few days with the family to clear my head. The Planning Aid England thing looks worth a try. Your other advice seems equally sound.
Much appreciated
Dirky
TwelveAngryMen
Well-known member
I’ve not looked at the specifics however the fact planning has been granted shouldn’t impact on your right to light
My gut reaction is that a JR application could lead you down an expensive blind alley though note I’ve no expertise in that area and that shouldn’t be viewed as legal advice - make your own enquiries of an expert in that field
Equally going down the route of an application for an injunction ( which I do have experience of ) would be very expensive
As a starting point you’d need robust expert evidence on the adverse impact to support your position, need to instruct a barrister and solicitor and then put your neighbours on notice through Pre Action Protocol as to the implications if they proceed
That first phase would cost perhaps 10k and might do the trick as it could put your neighbours off
If you need to issue proceedings to secure an injunction you are looking at a minimum 20-25k - and a lot more to cover the full trial ( though generally cases like this stop after the injunction phase )
If you lose that application you’d almost certainly have to pay your neighbours costs
The reality is the only cases I see proceed are those with legal expenses insurance backing it up Check if you have that
Short of that you’d need very deep pockets
My gut reaction is that a JR application could lead you down an expensive blind alley though note I’ve no expertise in that area and that shouldn’t be viewed as legal advice - make your own enquiries of an expert in that field
Equally going down the route of an application for an injunction ( which I do have experience of ) would be very expensive
As a starting point you’d need robust expert evidence on the adverse impact to support your position, need to instruct a barrister and solicitor and then put your neighbours on notice through Pre Action Protocol as to the implications if they proceed
That first phase would cost perhaps 10k and might do the trick as it could put your neighbours off
If you need to issue proceedings to secure an injunction you are looking at a minimum 20-25k - and a lot more to cover the full trial ( though generally cases like this stop after the injunction phase )
If you lose that application you’d almost certainly have to pay your neighbours costs
The reality is the only cases I see proceed are those with legal expenses insurance backing it up Check if you have that
Short of that you’d need very deep pockets
seasideone
Well-known member
Just goes to show how unfair the law is in places - if you haven’t got the cash you are screwed!!
Wilburrabbit
Well-known member
I haven’t had time to read all of the attachments but I can say that Judicial Review has the potential to become expensive as the hearings are lengthy and the preparation of legal arguments and submissions involve the use of barristers.
The final Judgment will also determine costs and they fall to the winner mostly unless the court orders that each side pays their own.
You would need specialist lawyers as the arguments are very technical in nature.
You can reduce exposure to costs by asking for a limit under what is called an Aarhus Order but that would be set at around £5,000.
As to the Ombudsman they are only concerned with process and will only step in to ensure due process has been followed. They will not look to reverse a planning decision.
It’s been a while since I looked at right to light but have you looked at the 90 degree rule? It’s more complicated than the offside rule but deals with overhang and how it affects neighbouring properties.
The final Judgment will also determine costs and they fall to the winner mostly unless the court orders that each side pays their own.
You would need specialist lawyers as the arguments are very technical in nature.
You can reduce exposure to costs by asking for a limit under what is called an Aarhus Order but that would be set at around £5,000.
As to the Ombudsman they are only concerned with process and will only step in to ensure due process has been followed. They will not look to reverse a planning decision.
It’s been a while since I looked at right to light but have you looked at the 90 degree rule? It’s more complicated than the offside rule but deals with overhang and how it affects neighbouring properties.
Thanks for the advice and good wishes. I'll have a look at my house insurance and if not buy a lottery ticket. I hadn't realised injunctions could be so expensive and like most people have said if you don't have lots of money injustices tend to be the norm in our society, especially when there seems little to no chance to challenge the dubious or incompetent planning decisions. Very biased system given I'm sure an appeal to the planning inspectorate by my neighbours against refusal wouldn't have cost them anything like as much.
Cheers everyone.
Dirky
Cheers everyone.
Dirky