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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can my neighbours get an injunction to stop me extending my

Resolved Question:

Can my neighbours get an injunction to stop me extending my building works even though I have planning permission? They have made it clear that they want to get a Judicial Review as they are not happy with the outcome of the planning. They have gathered 300 signatures in objection to my build and also have gone to the media stating their "plight" and providing incorrect information in which makes me look like the guilty party. Where in fact, I've done everything according to the law.
Any advice will help.
The builders are to start work tomorrow. No one is living in the property since it was purchased in December 2012 as the property required complete modernisation, but having difficulties in doing anything due to difficult neighbours.
Regards
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

When was planning granted please

Customer: Planning was granted in June 2013 and retrospective planning was given on 1st September 2014 as builders had deviated slightly from the plans submitted which was unintentional.
Alex Watts :

Ok - they are out of time to JR the original decision but they have 3 months to do that from the date.

Alex Watts :

They can try and obtain an injunction however in reality they won't be able to

Alex Watts :

The decision has been made. You have acted in accordance with that decision, you have legal authority

Alex Watts :

A Judge wont go behind the background of a decision made by a planning authority

Alex Watts :

Therefore to seek an injunction they will face difficulty.

Alex Watts :

They can try and Judicially Review the September 14 decision but that can only be on the variation no on the substantive planning issue

Alex Watts :

Even then they have waited and it seems to be they could have acted before

Alex Watts :

Can I clarify anything for you?

Customer: If they do go ahead with the judicial review, will I have to halt my building works until a decision has been made by the high court?
Alex Watts :

It depends if the High Court Judge gives an injunction.

Alex Watts :

They need to apply for it at the same time

Customer: How long does that take? The injunction? And is it costly to obtain?
Alex Watts :

It would cost them a few thousand and you should be given notice of any application as an interested party.

Alex Watts :

You can obtain an emergency one, same day

Customer: Would I be able to appeal the injunction? Also,, what is the success rate of these types of judicial reviews being granted in planning cases?
Alex Watts :

You would have an opportunity to attend and if it went against you, you can seek permission to appeal

Alex Watts :

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

Alex Watts :

So that part is likely to fail for being out of time

Customer: If the build was completed and signed off by the council , would my neighbours still be able to take me to court? And if they won would I still have to rectify the build? Whilst I'm living there? As the property is vacant and has been since purchase December 2012
Alex Watts :

You can't be taken to Court, only the Council can.

Alex Watts :

They are seeking to challenge the decision of the Council which they are unlikely to succeed especially if you complete the build

Customer: Ok thank you for your time, much appreciated.
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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