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Ask Senior Partner Your Own Question
Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13326
Experience:  Solicitor with more than 30 years experience
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hello I have been trying to sell a property for a year and

Customer Question

hello I have been trying to sell a property for a year and have had to reduce the initial asking price down from 750k to 650k, the main reason for this is that a agricultural plot adjoining my own, had a planning application for a gypsy static caravan, obviously deterring potential buyers. The local authority declined the application due to the fact that previous traditional development for two houses was declined, and local residents in the road did not appreciate a mobile home in amongst traditional housing (prices range from 500 to 1.5 mil). In the meantime I had agreed a sale for 645k, the gypsies went to appeal and have been granted planning by the planning inspectorate, and my buyer has withdrawn as he feels the adjoining gypsy site will have a detrimental effect on the value of the property. I would think any other sensible buyer would also consider this to be a risky purchase (I have been an estate agent locally for 20 years), is there a way that I can be compensated for this blight?
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Thank you for the question. I am afraid you have no right to compensation as a result of a planning decision. Where a local authority grants a legitimate planning application it is supposed to asses all the factors including the impact on the immediate surroundings.

The only time you can obtain compensation for " planning blight" is here certain public works are carried out - the building of roads and railways as an example - but it must be a public. There is not right to compensation just because the planning authority grants an application for a normal private use- whether it is building a factory or a gipsy camp. Sorry but here it is .

If this is a planning inspectorate decision then the only way of challenging it is through the high court and even then you would have to show the planning inspector erred as a matter of law.