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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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We wanted to convert a coach house in our garden to a separate

Customer Question

We wanted to convert a coach house in our garden to a separate dwelling, and were told by Council planners that this would only be possible if we could arrange a different access from that of the main house, which was considered inadequate.
In addition, our planning application would need to be supported by environmental, archaeology,heritage, ecology and conservation reports from experts, as our house is a listed building, and is sited in a conservation area.
We knew that this entire process would cost many thousands of pounds, including legal and architect's fees, so we decided we needed to secure the access before committing to any expense. Accordingly, in April 2014, we negotiated the acquisition of a 'ransom strip' with our neighbour, to give us access to the highway, by way of a ' land swap ' of part of our orchard adjoining his property. This agreement was only recorded by e mail, as we thought our neighbour was trustworthy.
Following this, we proceeded to get the necessary reports and drawings etc required by the planning authority produced, and submitted our application in July of this year.
At all stages of the process, we kept our neighbour informed and continually asked whether he was still on board with it. He constantly told us that he was, but the day before we were to submit the plans, he told us he had changed his mind. We have spent over £10,000 on the process, believing we would acquire the necessary access once planning consent was approved. We believe that approval is likely to be granted, but as we cannot achieve the access, we cannot proceed.
Are we entitled to sue our neighbour for recovery of our costs?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

We are happy to wait for a while.

Thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Are we not paying enough ?

Customer: replied 2 years ago.

Would it help if we paid a little more?

Expert:  Nicola-mod replied 2 years ago.
Hello,
I'm afraid I have not any feedback on the question regarding price but if you are on a JustAnswer membership which automatically sets price an offer of a bonus can sometimes help.
We will continue to look for a professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

We have not had any answer to our law question. If we are not going to receive one, please could you return my money. Thanks Jean XXXXX