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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8535
Experience:  I have been practising for 30 years.
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We have a large scale development (new school - 14 classes

Customer Question

We have a large scale development (new school - 14 classes - 2 football pitches and play areas/nursery/community centre) adjoining our rear gardens. They are in the process of building and landscaping, however we have now noticed that they are raising the ground level of the outside play area's. This was not mentioned in the planning application and as far as we can see there is no engineering documents submitted. We have had many difficulties with this application including acoustics (the council only want to put a 1.8 meter fence along the rear of 15 properties, but we have submitted our own report which they are considering) the football pitches are less than 10 meters away from our boundary - with the increase in ground level, this changes things. It looks as though the ground level is approximately 0.3 to 0.5 higher than originally, however this is made up of sub-soil at the moment, so top soil and grass has to go on top of this.
The application is with Taunton Deane Borough Council - planning application 48/15/0027, can they legally raise the ground height?
Thank you - Caroline *************
Submitted: 7 months ago.
Category: Law
Expert:  Nicola-mod replied 7 months 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 7 months ago.
Yes, I am prepared to wait for an answer - Thank You
Expert:  Nicola-mod replied 7 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  F E Smith replied 7 months ago.
They do need planning permission to raise the ground-level more than 300 mm.You should bring this to the attention of the planning authorities and asked them to bring enforcement proceedings on the basis of the adverse effect upon your property. The more people put this in writing, the better.Can I clarify anything for you?Please do not forget to rate the service positive. It’s an important part of the process which is the only way experts get credit.Best wishesFES
Customer: replied 7 months ago.
Dear FE SmithThank you for your answer. It is as we thought... We are thinking of reporting it to the environment agency as we are sure the overall height of the field will be more than 0.3 meters higher than the original height and it has put our property in a' bowl like' situation.Thank you.Caroline Hewton

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