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Hello my name is ***** ***** I will help you with this.
When was planning granted please
Ok - they are out of time to JR the original decision but they have 3 months to do that from the date.
They can try and obtain an injunction however in reality they won't be able to
The decision has been made. You have acted in accordance with that decision, you have legal authority
A Judge wont go behind the background of a decision made by a planning authority
Therefore to seek an injunction they will face difficulty.
They can try and Judicially Review the September 14 decision but that can only be on the variation no on the substantive planning issue
Even then they have waited and it seems to be they could have acted before
Can I clarify anything for you?
It depends if the High Court Judge gives an injunction.
They need to apply for it at the same time
It would cost them a few thousand and you should be given notice of any application as an interested party.
You can obtain an emergency one, same day
You would have an opportunity to attend and if it went against you, you can seek permission to appeal
Its hard to say as for success, the whole point is they should have JR'd the decision of June 2013 and they have not done so
So that part is likely to fail for being out of time
You can't be taken to Court, only the Council can.
They are seeking to challenge the decision of the Council which they are unlikely to succeed especially if you complete the build