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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I live in a semi detached house. next door has had a very

Customer Question

Hi I live in a semi detached house. next door has had a very large badger sett for aprox 18 years when it was rented out with the garden untouched mostly. Two years ago the property was sold and the new owners put in building permission to extend,. Over 2 hundred neighbours object, but permission was granted with the council saying that the badger rules were only advice, also against a badger expect advice. Since then the activity in the last 2 years has increased to the effect that's we have now have a badger hole in our garden. Do we have a case for compensation from the owners or the council for the devaluation of our property and damage cause. Also for prevention equipment to the keep out further badger damage.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is it you want to achieve please?

JACUSTOMER-2x261fzu- :

As part of building permission the owners have to give free range to the front and back of their property, there is a council park at the back of us . Over the course of the build they were blocking access to the front , this caused the badger to increase their activity along the back of the property looking for food , for which the owner removed 25% of the overgrown area to build the extension which was only yards away from the sett. Because of the noise, activity and lack of them feeding which was also part of the permission, the badgers have increased their activity on to our garden the rest of the people to the back of the park. The owner has built the extension himself so this has gone on for aprox 18 months.

JACUSTOMER-2x261fzu- :

sorry pressed the wrong key, I would like someone to pay for the protection of my property, and compensation for the damage to our garden and have I any rights to sue the council for the wrong dicision made.

Alex Watts :

Its bad news I am afraid to say. The Council would not be liable for compensation. They are animals and as such the Council have no control over them. Unless they actually belonged to the Council they would not be liable for any damage caused.

Alex Watts :

However if you are unhappy with the decision made by the Council you can write and complain to the Chief Officers office who will investigate the matter and respond back to you.

Alex Watts :

If you are dissatisfied with their response then you can complain to the Local Government Ombudsman who are an independent body and set up to examine decisions of the Council and see if they have caused any upset and made the right decision.

Alex Watts :

Their website is: www.lgo.org.uk

Alex Watts :

But sadly the Council would not be liable for compensation for the reasons above.

Alex Watts :

I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

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