How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

I am a pensioner, who is a tenant in a country cottage in Leicestershire. A

Resolved Question:

I am a pensioner, who is a tenant in a country cottage in Leicestershire.
A planning application by a near neighbour, was recently considered by the local authority.
The proposal will result in a dramatic loss of light to the rear of the property that I occupy.
Apart from the effect of the lack of light, there will be a significant financial burden as I will need artificial lighting for all of the winter months, and large proportion of the remainder of the year.
I did lodge an abjection with the local authority, as per their invitation, but was surprised to discover that the plans were approved - by the Council Officers - without reference to the planning committee. Apparently this undemocratic action is within the law.
I contend that my human rights have been compromised, and would like to seek the views of an expert
Yours faithfully
Peter H.J.Coles
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

Thank you - do you think that there is a possible case under Human Rights legislation

Customer:

Are you there?

LondonlawyerJ :

Yes I am here just thinking. But there will be no human rights point here.

Customer:

Surely I have a right to light.? I recognise that I can't purchase a view - but this proposal will reduce my outlook dramatically

LondonlawyerJ :

How long have you lived at the property? Was your landlord involved in disputing the planning permission. A right to light is an easement which is a right of use that attaches to freehold interest in property not to a tenancy.

Customer:

I have been here for seven years. The landlord is the prime objector

LondonlawyerJ :

It is your landlord as owner of the freehold who has the right to light and bizarrely not you even though you live there. If the planning process has been gone through and permission has been grated there will be very little that can be done. If your objection has been rejected and planning permission granted then the only way to challenge a decision is by judicial review, a very expensive procedure in which you would need to prove that the local authority had acted illegally. The full details of the planning decision will be available at the local planning department and if you want to consider a challenge you will need to look at these for obvious glaring mistakes or omissions.

LondonlawyerJ :

In order to have a right to light there must have been 20 years uninterrupted enjoyment of the light.

Customer:

It would seem that the planning application was approved by "Delegated Powers". In view of the number of objections, was that a wise action. Could it be a "plus point" for the objectors in the event of a judicial review?

LondonlawyerJ :

That depends. Are there other objectors?

LondonlawyerJ :

I will be away from this site for a while now but will look again later.

Customer:

Yes. The landlord, my neighbour and myself. Our cottages are semi detached

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice