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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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I bought my house in 2011. Since the beginning of the year

Resolved Question:

I bought my house in 2011. Since the beginning of the year Tesco have been building an Express store, with apartments (four floors) on top. Although I was vaguely aware that some work would be done, I now find that the top two floors' windows and balconies look straight into my garden, and bedroom, and the light to my property is reduced. The people who sold me the property didn't say anything, and when I now look back at planning permission (originally applied for in 2008, and eventually granted last year), I find that my property (for some reason) is not on the 'neighbours' list' (of those consulted), although every single one of my neighbours is. Also, the 'neighbours plan' has every property in the road 'blue dotted' except mine. If I had had a chance to object, I would have. Have just written to the Council as to why this may be, but wondered whether there are any options available to me, as this construction very definitely devalues my property.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Her is a guide by RICS re: rights to light which is as good an explanation as I have found anywhere. There is no right to light in the garden but there can be in a house if it has been exercised for long enough by you and your predecessors in title.

LondonlawyerJ :

http://www.rics.org/Global/RICS-consumer-guide-Right-to-light.pdf

Customer:

I was really asking whether I could do anything about the fact that I (and previous owners) had not been consulted, and given the chance to object.

LondonlawyerJ :

If planning permission has been granted without the proper notification procedure being followed there is a right to complain to the local authority ombudsman that there has been maladministration by the planning authority. If the ombudsman finds maladministration he has the power to revoke or amend the planning permission this is unusual even before the building has been carried out. More often the Ombudsman will recommend that the authority pays in recognition of loss of amenity arising from the development.

Customer:

Thank you. That's fine. There are clear documents publicly available online which show they did not, for some reason, write to myself or the previous owners, although they wrote to all other surrounding addresses.

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