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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10788
Experience:  Barrister 17 years experience
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Planning permission has been granted using my farm address

Resolved Question:

Planning permission has been granted using my farm address with the intention to deceive. The applicant sought permission through an agent for an large agricultural building on a small field recently purchased next to my land. He lives in a nearby town. I objected in writing before the meeting and spoke to the committee....to no avail.
The decision notice and updated application have been. published with my address and his name.
Is this legal?
Do I have any rights?
Submitted: 20 days ago.
Category: Law
Expert:  F E Smith replied 20 days ago.

Hello - did he already own this land?

Customer: replied 20 days ago.
He bought it 18 months ago and then applied to build.
Expert:  F E Smith replied 20 days ago.

I’m not certain how he could apply for planning permission using your address because you would get all the correspondence and you know anything about it. Could you explain exactly what happened here?

What difference does it make where he lives?

Customer: replied 20 days ago.
He used an agent to make the application and correspondence went to him.
By using my farm address for the site address it made it appear that this was an application by a local farmer and that the building was needed for a livelihood. Reality is he grazes a couple of horses on it.
Expert:  F E Smith replied 20 days ago.

Have you raised the issue with the council? And?

Customer: replied 20 days ago.
I spoke with 3 planning officers, who advised me to put my concerns in writing which I did. The third who was dealing with the case eventually agreed to remove any reference to me and would speak to the agent. This was verbal they do not reply to emails apart from an automated response.
The agent then submitted an amended application with no applicant address, no full name of applicant and no signature.
Is this adequate or acceptable?
The council continued to use my address as per the original application and still to this date.
Customer: replied 20 days ago.
The case went to committee, I spoke as an objector and raised it again, it was ignored.It received approval and the following day this was published on the council website with my address on both on the application details and also used in the site address.
Expert:  F E Smith replied 20 days ago.

Thank you. Other than complaining to the Local Government Ombudsman, I can’t think how you would deal with this to get a satisfactory result because once planning consent has been granted, then it’s very difficult to get it revoked and the local authority are likely to say that they would have granted it anyway regardless of the address issue. I’m going to opt out for another expert to consider

Expert:  Buachaill replied 20 days ago.

1. Dear Angie, this is a fraud and you can sue for damages for deceit, fraudulent representation, appropriation of personality and malicious falsehood. You can sue both the agent and the person who used the agent to make the planning application. Essentially, you will get compensation for what happened here.

Expert:  Buachaill replied 20 days ago.

2. Dear Angie, be aware additionally, that you can also apply to have the planning application and decision to grant quashed via judicial review proceedings should you so wish. However, as this does not necessarily give you compensation, you should consider whether you want to go to the expense of this.

Expert:  Buachaill replied 20 days ago.

3. Dear Angie, you should get yourself a solicitor and sue for the damage caused. Be aware that in addition to suing the agent and the person who got the planning application, you also have a cause of action for misuse of public office and misfeasance against the planning officials for granting the planning application against your wishes when you indicated you did not make the application. However, damages will not be large for this case. However, you will get compensation and your legal costs paid.

Expert:  Buachaill replied 20 days ago.

4. Be aware that damages for this type of fraud will be large as rules of remoteness of loss do not apply to cases of fraud. So, you should certainly sue and recover damages.

Expert:  Buachaill replied 20 days ago.

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Buachaill, Barrister
Category: Law
Satisfied Customers: 10788
Experience: Barrister 17 years experience
Buachaill and 4 other Law Specialists are ready to help you
Customer: replied 20 days ago.
Many thanks for your very clear and helpful reply.Angie