UK Property Law
Ask an UK Property Law Question, Get an Answer ASAP!
have you actually told the planning authority that work has started on the bigger property to which you have objected?
Yes. The enforcement officer tells me that he has informed the developer that any further work is at his risk and the developer is pressing on regardless. I would like to know whether I can force the issue by obtaining some form of legal order to stop work.
I think this is something that you should press with the council.I think that the council should put a stop order on the work pending theoutcome of the planning application. You could tell the Planning EnforcementOfficer that if he does not do that, you reserve the right to seek JudicialReview of the decision not to do that.
I wouldn't actually go ahead with the application for judicialreview but I think it worth threatening.
You can apply to court for an injunction (or at least get asolicitor to threaten an application to court for an injunction and anapplication for the costs of the application for an injunction) against theneighbour to compel him to stop work pending the outcome of the planningapplication.
If he simply carries on regardless, you can make an emergencyapplication to court for an interim order pending a full hearing.
It would be for the judge to decide whether you have enoughinterest in this to apply for the injunction or whether he thinks that thelocal authority should be the one that is doing it
Does that answer the question? Can I assist further or answer anyspecific queries?
If you have not done already, please don't forget to positivelyrate my answer service even if it was not what you wanted to hear. You shouldnow see a series of buttons which enable you to rate my answer serviceformally.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little, pleaseask.
The thread does remain open for me to answer follow-up questionsafter rating my answer service.Rating doesn't close the enquiry atall even though the site may give that impression. It remains open for you toread and ask for further clarification.Regards.
PS Experts on here are online and off-line all day each day andweekends so please bear with me if I do not get back to you immediately.
PS. I use voice type, voice recognition typing because I onlytype with two fingers and it would take me ages. Sometimes, a computer does nothear me correctly and you will get an incoherent word. I do try to butsometimes they slip through. I apologise therefore if anything doesn't makesense. It is me losing it, not you. Just ask if anything is not clear please.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).