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F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 9684
Experience:  30 years in General Practice
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I have been refused my crossover at my property by the local

Customer Question

I have been refused my crossover at my property by the local authority however 2 drives were allowed on the same estate and both were accepted recently and completed after my application was accepted. The issue is a junction opposite my boundary which both these other drives were situated also opposite junctions. Their guidelines have always said that no drive could be installed within 15m of a junction however previously they have only really taken into account junctions on the same side of the road until they had a meeting in May. My application was put in at the beginning of may and the meeting was not until the middle of may which is when they decided that they should take into account the junctions opposite but because my application was not assessed till after this they have now refused it
Submitted: 1 month ago.
Category: UK Law
Expert:  F E Smith replied 1 month ago.

Hello. What is your question about this?

Customer: replied 1 month ago.
I wondered if they were doing anything wrong with refusing my application on the grounds that they have allowed the other 2 drives to be completed after my application was in and that my application had been made before the time that they had this meeting to tighten up their guidelines?
Customer: replied 1 month ago.
I didn't realise that it will cost another £49 for a call!!
Customer: replied 1 month ago.
Can you cancel the request for a call?
Customer: replied 1 month ago.
Do you think I have got a case against the council for refusing my crossover when they have allowed the others?
Expert:  F E Smith replied 1 month ago.

Your request to cancel the telephone call is noted.

I have had quite a few of these questions recently where the council have been granting consent to other properties and then suddenly, with no reason or logic, they just changed the criteria and stopped allowing consent under exactly the same circumstances. That appears to be the situation that you are in.

You can appeal the councils decision (each council has a different process so asked them for the appeal process) and tell them that if your appeal is not successful, you will make an application to court for judicial review stop you can only judicially review a decision of the local authority on the grounds that illegal, irrational or they have followed the correct procedure. It doesn’t actually change the decision, it just makes the council revisit the way the decision was reached. The end decision could still be the same.

The problem with judicial review is that it is expensive and if you were to be unsuccessful, you could be on the thick end of a bill for several thousand pounds probably and even as much as 10,000.

What you can do, and which is free and risk-free, is make a complaint about the conduct, to the Local Government Ombudsman if the council steadfastly refuses to change its stance.

. Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 1 month ago.
Ok thanks although I knew all of that I would have thought for the money that I have paid you would have maybe given we more of an idea as to whether I had a case against them but you have not even asked much about this, I don't know what your procedure is but the information you have given me I have got free from the CAB so therefore I think it unfair that I have been charged £54, and therefore I would like to know how I can go about getting my money back please?
Expert:  F E Smith replied 1 month ago.

I don’t need any more information from you. You told me everything that I need to know. I have come across this several times before and the situation and the remedy is straightforward although the outcome is by no means certain.

Obviously, if you don’t tell me what you already know, it would be remiss of me not to give you all the details, even the ones that you obviously already know. In which case, you already have the answer. There is no magic solution apart from what I have given you.

If you had told me that you had that information from CAB, I would have told you that you knew all there is to know.

If you had the answer from CAB, I’m not certain why ask the question on here.

I don’t deal with money, I only answer the questions. You will need to email admin for a refund.

Kind regards.