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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My house borders a lake with a footpath at the far end. A

Resolved Question:

My house borders a lake with a footpath at the far end. A developer has used photographs of my house in his application for 40 houses in a field and making the footpath into a cycle track with lighting etc. at present the footpath is rarely used and is on the edge of Kent AONB with lots of wildlife and water fowl. AONB are objecting but as a householder can I site loss of my personal privacy as an objection.
Many thanks for your help
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Was the photograph taken from a public area or from your private land? How has the house been depicted exactly?
Customer: Hello Alex. The photograph was taken from the footpath at the far end of the lake primarily to show the listed boathouse that forms part of my property. However this photograph and others form part of the developers application. Their point being that the development would not harm this local beauty spot. I object to my house being used in a public document.
Alex Hughes : Understood. There is no law against a person or organisation taking a photograph from a public footpath and depicting the property in the manner you've described. If permission was required then companies like Google would be paying compensation to house owners for photographing properties and making pictures available on Google Maps etc. Sadly there is no privacy law but you would be well within your rights to ask the company not to publish your the photographs for privacy reasons.
Alex Hughes : The company has the right to reject your complaint and unless you can show that some loss or harm has been caused it would be difficult to take legal action (and possibly very expensive). I appreciate this is not the answer you were hoping for but I have tried to be as honest and objective as possible to help you.
Customer:

Thank you Alex. I assumed that would be the case and I will write to complain. I expect i to fall on deaf ears.

Alex Hughes : No problem. Please take a moment to rate my answer. Happy to discuss further if needed. Alex
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