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 F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9356
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

I live in a pent house and I overlook the car park of a block

Resolved Question:

I live in a pent house and I overlook the car park of a block of offices. Planning permission has been given to build a hotel on the car park! The windows will overlook my terrace. The developers are willing to put up a screen ' of some sort' to protect my privacy. Do you think I should be allowed compensation for depreciation of the value of my flat?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
Are you thinking of compensation from the developer or from the local authority that granted the permission?
Customer: replied 1 year ago.
Hello! From the developer. They have agreed to erect a screen but I would like to know about compensation. Thanks.
Customer: replied 1 year ago.
I am going out shortly so may have to phone in the morning.
Expert:  F E Smith replied 1 year ago.
Unless this causes any kind of nuisance you are not entitled to any compensation from the developer. There is no legal right to a view and there appears to be no issue with how much light you are losing.You are not entitled to compensation from the developer because your overlooked or for whatever other reason unless it is nuisance or blocking of lightThe local authority may be liable to pay compensation if you can prove that they are at fault because they have failed to take into account the effect of the development on your property.You would either have to apply to court for judicial review of the decision, which can be costly, or, you can make a complaint to the Local Government Ombudsman which fortunately is freehttp://www.out-law.com/en/articles/2013/august/council-must-pay-compensation-as-ombudsman-find-faults-in-planning-permission-process/Provided the council have gone through the correct process when considering the application, it’s unlikely that a complaint would succeed.Unfortunately, it is very common for a development which is adjacent to a property to significantly devalue it and whilst it’s possible to campaign and register objections with the local authority and indeed, complain, in the majority of cases it really is just a case of biting the bullet.The situation with regard to what is known as blight is somewhat different where, if the local authority have developed an area or built a road and as a result your property has been down valued, it may be possible to obtain compensation but that doesn’t apply in your case.Can I clarify anything for you?Please don’t forget to rate positive. It is an important part of the process.Best wishesFES
F E Smith and other Law Specialists are ready to help you