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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10603
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi There, We recently bought a house on a cul-de-sac and

Customer Question

Hi There,
We recently bought a house on a cul-de-sac and now there is a strong possibility that a housing development might be built on the land at the bottom of the road for 135 houses meaning, our cul-de-sac will be the sole means of entry/exit.
This means circa 270 cars, support vehicles, increased noise, disruption, dust during building, road danger, traffic, pressure on doctors schools etc etc and a potential decrease in house value and desirability.
Would there be a case here to raise a lawsuit if it goes ahead?
Thanks. Adam.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Would the Sellers have been aware of this proposed development at the time of Sale to you?
On a general point, I would hope no Council would grant permission for such a large development's traffic to run through a cul de sac, not that I am a Planner.
I look forward to hearing from you.
Kind Regards
AL
Customer: replied 2 years ago.

Hi Al,

So my problem isn't with the sellers but with the council and/or Taylor Wimpey if this goes ahead. To give you a bit more detail.

The sellers were aware, as were we to the original 200 houses (with 2 entrances) proposal that has been going on for years, but the land easily floods and is a greenbelt so all applications have failed in the past and when we bought we were told this would to, which it did. However after we bought the house Taylor Wimpey proposed a smaller build with 135 houses, with 2 entrances. 1 of the entrances has fallen through which means that our road would be the sole road, which looks like it could go through.

I would hope that too but part of the plan is to widen the cul-de-sac road to allow more traffic down it!!

The suit would be against the planner or councillor on human rights, property, change of life style etc. if it went through. any thoughts?

Regards

Adam

Expert:  Aston Lawyer replied 2 years ago.
Hi Adam,
Thanks for your reply.
As it appears you were aware of a potential development, there is no comeback on your Seller.
As you have said, the only way to fight this would be at the Planning stage against the Council. If you and the other residents are all up in arms, you may consider instructing a local Planning expert to object to any proposals/planning permission submitted on behalf of Taylor Wimpey.
This would be your only means of attack, in so far as if planning permission were ever granted to include the access through your cul de sac, there is no compensation or claim you can make against the Council.
Good luck.
Kind Regards
AL
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I help any further?

Kind Regards

AL