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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1734
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Hi,I am not sure if this is the right place to ask this

Customer Question


I am not sure if this is the right place to ask this question so please forgive me if it isn't.

I recently employed a 3rd party contractor to construct a exercise studio/office in my garden. They visited the site a few times and told me if it was constructed a certain way in regards XXXXX XXXXX and proximity to the neighbours wall etc. than it could be done under permitted development. I went ahead and when my neighbour objected they came to site and re-affirmed it could be done under permitted development and would not impact on his property with regards XXXXX XXXXX of light etc. as it sits below the line of his hedge.
The neighbour complained to the council and when they came to inspect they informed me permitted development may have been removed to prevent overdevelopment of my land and I should make a retrospective planning application. I did this and it turns out permitted development had been removed. The planning office recommended approval however it was referred to a committee who then refused the application. I am currently in the process of appealing the decision as the 3 points raised to support the refusal were already addressed by the planning office when they recommended approval.

My question is: In the event that my appeal is unsuccessful and I am asked to remove the building which has been completed at considerable expense. Do I have a case to demand a refund as the contractors in my view have duty of care when advising on planning matters to make sure buildings they are constructing are in accordance with local planning regulations? I believe the obligation is on them and they should have checked I had the ability to build under permitted development. The issue around loss of light was raised by my neighbour and they refuted the claim and assured myself and my neighbour it wouldn't affect him and recommended I keep moving on with the project.

Many thanks in advance.

Kind regards,

Submitted: 4 years ago.
Category: UK Property Law
Expert:  Wendy-Mod replied 4 years ago.

I'm Wendy, and I’m a moderator for this Legal topic.

We have been working with our professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

I was checking to see if you had found an answer or if you still needed assistance from one of our professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.

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Customer: replied 4 years ago.

Hi Wendy,

I have not had a response to my question so I would like for it to remain open please.


Kind regards,



Expert:  Fran-mod replied 4 years ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  Wendy-Mod replied 4 years ago.
Hello again,

We are still working with our Legal professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely apologize for the extended wait time.

Thank you,
Customer: replied 4 years ago.

I will wait, is there a reason for the delay? I didn't think the question was a difficult one to answer.





Expert:  Fran-mod replied 4 years ago.
We don't always know why a question does not get a quick answer and cannot predict when one will come. This is based on a lot of different variables, such as the subject area and difficulty of your question and the areas of expertise and time constraints of the legal pros on line.

Thanks for your patience while we continue our search.
Expert:  Matt J replied 4 years ago.

I will try and help.

Can you let me know:-

1) how would you best describe this contractor? i.e. a firm of builders, or do they describe themselves as more than this?
2) did you have any written agreement with the contractor?
3) If so did it include any reference to the advice on planning, and if so what did it say?
4) If not in the contract are there any other written details of the planning advice you received?
5) Do the contractors hold themselves out, or advertise themselves to be experts in planning?