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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Prior to our house purchase, council informed us planning approval

Customer Question

Prior to our house purchase, council informed us planning approval had been refused for a housing development at the foot of our garden. After we moved in, we found out that approval had not been refused, and the development is now going ahead.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
What is the effect on the value to your house?
Alex
Customer: replied 10 months ago.
Dear Alex, please note info in attached letter I have sent to my local councillor and MP.We decided to purchase this house based on the planning advice that the development had been refused. We offered £420,000 for the property. Had we known the truth about permission for this development, we would not have proceeded with the purchase.
Expert:  Ash replied 10 months ago.
Thank you. So they said permission had been refused which was true? But it was overturned on appeal?
Alex
Customer: replied 10 months ago.
Prior to us purchasing, the planning department emailed me stating that planning had been refused. After we moved in, I checked again and was emailed again stating planning had been refused.Last week after much pestering, I received an email from North somerset council stating clearly that planning permission had never been refused. See mails on attached doc I sent with previous response, let me know if it didn't reach you, and I'll try again. Chas.
Expert:  Ash replied 10 months ago.
Thanks. What is it you want to achieve? Did your solicitor conduct searches?
Customer: replied 10 months ago.
Hi Alex, I think to seek compensation. Maybe our costs, stamp duty, moving expenses, and loss of property value due to 14 house development at foot of garden?
Our solicitor did search, LA search and his covering letter attached.
Expert:  Ash replied 10 months ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex

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