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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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hii have a planning law question, i along with several others,

Customer Question

i have a planning law question, i along with several others, are fighting not only the developers but also the planning officers,
i live in small 2 bedroomed bungalow, the development is slightly lower but 3 stories high, we initially got the councillors to defer so that developers came back with different design,
but all they did was knock balconies off, (the houses) are ultra modern and have no similar properties within 10 miles, and they beach their own planning guidelines, but mainly for my imformation, units 1/2/3 unit 2 main window, is only 19.5 metres (professionally measured) the minimum in carlisle local plan, and sdp is 21 metres, my window is slightly offset, (but in guides no mention of angles) but from their unit in direct line its 19.5 metres, so if i want to build it will be impossible as i will breach 21 metres, the development is 6 units in a tiny conservation zone next to a grade 2 listed building, and half the development overlook , my rear door, my kitchen, bathroom, rear living room, and entire rear garden, (1 property only 5 metres from my fence) yet planning officers say ive no human rights its just about minimum distance, and their judgement,
we know they are breaching their own guidelines but how do we challenge or can you advise please stuart
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Do you have a specific question?
Customer: replied 4 years ago.

how do i challenge the 21 metres, because the planning officers seem to think it would be harsh to knock back the development even though it breaches "minimum distance" but i think this is not impartial, and planning officers code of conduct is to treat all the same, i am also worried about privacy, these buildings will dominate mine, i live in modest 2 bedroom bungalow (living below minimum wage self employed) these houses will be up to 5 bed , £450k to £500k

Expert:  Stuart J replied 4 years ago.

Have you objected and had objection rejected?

How many others have objected?

Customer: replied 4 years ago.

no not yet, the developers put in a plan of 8 houses, with double balconies, and they along with the planning officers deemed it to be acceptable, even though it was so flawed, it breached around 10 different planning control guidance rules,

so the councillors threw it back saying come back with better plans,

and to be honest, they knocked off balconies and reduced to 6,

but they still breach minimum distance , in a conservation area,

and they will totally dominate my house, especially my garden,

and the planning officers have already stated they will give scheme go ahead, so it will be up to councillors again,

i want to know how to challenge using my human rights, and also the fact that they will build a 3 story house within the minimum distance even though the design and access letter clearly states minimum distance of 21 metres have been met, theres a lot more to to the story, but breaching my 21 metres is a start,

it stands at about 45 objections and only 1 for it

Expert:  Stuart J replied 4 years ago.

I know don't feel that this is a HR issue so will opt out for another expert to see how they view it.

Please don't reply until another expert takes over or it comes back to me. thanks

Customer: replied 4 years ago.

the sites asking me to review, but as yet had no answer?

Expert:  Nicola-mod replied 4 years ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.

hi nicola

yes cancel please, i will be back soon though with another question