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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8974
Experience:  I have been practising for 30 years.
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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: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.
Are you thinking of compensation from the developer or from the local authority that granted the permission?
Customer: replied 11 months ago.
Hello! From the developer. They have agreed to erect a screen but I would like to know about compensation. Thanks.
Customer: replied 11 months ago.
I am going out shortly so may have to phone in the morning.
Expert:  F E Smith replied 11 months 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, Advocate
Category: Law
Satisfied Customers: 8974
Experience: I have been practising for 30 years.
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