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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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I bought a new house 3 years ago next to a vacant piece of

Customer Question

I bought a new house 3 years ago next to a vacant piece of land which had planning consent for 2 pairs of semi detatched houses. The person who owns the land also owns a local MOT garage and has now put in an application to turn the land into a car park for his garage customers. The boundary to this land is about 1 metre from my property and as I have already experienced vehicles being parked on that land and coming and going for more than 12 hours a day. This is primarily a residential area and as I have health issues concerning my lungs I need to do all I can to convince the local authority not to grant consent. I would be grateful for advice.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

I'm very sorry for the delay.

How can I help with this please?
Customer: replied 2 years ago.

Thank you for replying I would like to know if there is anything other than raise an objection with the council planning dept (which I have already done) to convince the council not to grant consent for use of the land as a car park or failing that is there a procedure for raising an appeal if the council does grant consent ?

Expert:  Jo C. replied 2 years ago.

You can only object to a planning application on the basis that your property or the surrounding area will suffer an adverse effects. Unfortunately adverse effect upon your health is a personal issue. Planning permission is all to do with the surrounding properties and the amenities in the area.

However, the more people who object the stronger your position. A petition is not the best way to object. If objections are to have weight then each person who opposes this must write a letter. Apart from anything else, then they would have to be considered separately.

If this does go to either hearing or appeal, the objectors must attend the meetings. Objectors who do no more than write letters will be dismissed because the view will be taken that if they were that unhappy they would have attended.

If planning consents does go ahead, and the weight of vehicles becomes a nuisance then you can apply to the court for an injunction to prevent that nuisance. The court does have to believe that whatever is happening is unreasonable and above every day inconveniences.

Can I clarify anything for you?


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