Long shot maybe, any lawyers on here?

Discussion in 'General Discussion' started by beatnick, Aug 9, 2013.

  1. and not barrack room ones.
    Our neighbour has been granted permission to alter his roof line which affects our outlook drastically, now he is a crafty so and so, gets his name in the local rag a lot with plans to improve the town and help the community etc , none of it ever comes to fruition but people think he is an all round good egg and the council seem to ignore all the rules he breaks regarding his dwelling/workplace.
    I am probably being a cynic but the plans he has had passed go against all the guidelines of the conservation area we are in and means he will have a decking area in line with my sons bedroom, bit hard to explain .
    The one chance we have to get this over turned is a thing on the deeds regarding" conveyance of light and air" its all greek to me but some one may understand.
    I will pm the full monty if anyone can help.
    Thanks folks.
     
  2. Did you not have a notice of the work sent to you by the council? or was any posted on the site?
    This is the law and if any of your neighbors are in the same boat as you then you can apply for a notice to have the work stopped.
     
    oxiderenegade likes this.
  3. dog

    dog Tea Boy

    Did you not contest the planning application. And is there a party wall agreement?


    Sent from my iPhone using Tapatalk 2
     
  4. Work hasnt started yet and I think its two months notice they have to give. We contested and got the first application turned down but he revised the plans and got it passed. The party wall agreement is a straw we could clutch at.
     
  5. can you not find a rare insect in your loft that would object;), sounds like hes in someones back pocket, go down planning and ask to see plans and then ask them why they have approved them without consulting affected parties, they will be more cautious then!!Ps he cant over look or vent to your air space!!
     
    beatnick likes this.
  6. Silver

    Silver Needs points/will pay!

    If he has planning approval in hand you are going to struggle because they should have considered your right to light at the consultation stage. If you have a chance to use party wall rules to throw a spanner in the works, you should wait until the builders are practically started before pulling it out of the hat, to cause maximum stress and disruption to the works! You could also keep a very close eye on the works for any non compliance issues.

    You could Google right to light for info, it is a measurable thing. You probably already know how expensive legal action is going to be:(

    I know you wanted proper legal help, but I couldn't help myself;)
     
    beatnick likes this.
  7. We took a look at the plans which were sketchy to say the least ( minimum legal requirement I guess) and pointed out that there were no provision for lighting which would affect our property , bearing in mind this will be a decking area you would fit lights to see in the evening wouldnt you.However the planning officer said as there were none shown on the plans then they wouldnt be fitted!!!!!! yeah right.
    At no time did we ever have a visit from planning to see the proposed development from our property even after we had invited them to do so.
    Good advice about the party wall last minute stuff.
     
  8. u could say he s a kiddie fiddler , no joke intended thats why he wants the thing in line with childrens rooms , would ye not think its a line to go down , owen n w
     
  9. We did state the fact that his decking area would overlook a childrens play area Shielsy, made no difference. Plus my son is 19 and would punch his lights out :)
     
    Silver, Terrordales and dog like this.
  10. part of my degree covered Criminal Law ..................:(
     
  11. Baysearcher

    Baysearcher [secret moderator]

    Have a look at the thread "is it criminal damage to cut my trees down " in the Adult section of VZi. You'll be amazed how inept planners are.....
    If he's got planning permission you're going to struggle. Can't see the Party Wall Act helping you to be honest.
     
  12. Poptop2

    Poptop2 Administrator

    go and see the local enforcenent officer at the planning office and explain your concerns. They have to take all " enquiries " seriously, so much so that they will find any flaws for you.

    Again like @Silver i couldn't resist. Experience with planning enforcement has taught me they are the people to see both from me as a builders point of view and from a objectors pov.
     
  13. Baysearcher

    Baysearcher [secret moderator]

    Objections need to be made and considered prior to approval though.
    As I said, read that thread, you'll be amazed.
     
  14. just read in local rag , relaxing planning regs all round so maybe its time to do a bigger one , no plans needed;)
     
  15. Food for thought guys , thanks.
     

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