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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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A developer has started work on a neighbouring property. There

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A developer has started work on a neighbouring property. There is a planning permission for this plot, but they have applied for permission to build something much larger and have started work on this larger building. We have put in an objection today through the planning process and feel that we may win, based on past experience with this property. However, very concerned that while the process goes on the property will be built and not sure that enforcement will then result in demolition. Can we get an injunction to stop all building work pending consideration of the planning application?

have you actually told the planning authority that work has started on the bigger property to which you have objected?

Customer: replied 4 years ago.

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 the
outcome of the planning application. You could tell the Planning Enforcement
Officer that if he does not do that, you reserve the right to seek Judicial
Review of the decision not to do that.

I wouldn't actually go ahead with the application for judicial
review but I think it worth threatening.

You can apply to court for an injunction (or at least get a
solicitor to threaten an application to court for an injunction and an
application for the costs of the application for an injunction) against the
neighbour to compel him to stop work pending the outcome of the planning

If he simply carries on regardless, you can make an emergency
application to court for an interim order pending a full hearing.

It would be for the judge to decide whether you have enough
interest in this to apply for the injunction or whether he thinks that the
local authority should be the one that is doing it

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