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Nicola-mod
Nicola-mod, Moderator
Category: Property Law
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Experience:  Moderator
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What valid objection can be used to prevent the stopping up

Customer Question

What valid objection can be used to prevent the stopping up of a highway which adjoins a neighbours property?
Submitted: 4 years ago.
Category: Property Law
Expert:  leanne-jones replied 4 years ago.

leanne-jones :

Hello - my name is Leanne and it will be my pleasure to assist you today.

leanne-jones :

On what basis do you not agree with it?

JACUSTOMER-hi2meqzd- : As it will take away our view, once our neighbours have put up fences
leanne-jones : How high will the fences be?
JACUSTOMER-hi2meqzd- : I have not spoken to the neighbour, so that I am not certain of.
leanne-jones : Ok. I assume the council have gone out to consultation?
JACUSTOMER-hi2meqzd- : Yes a notice has been advertised in the local paper
JACUSTOMER-hi2meqzd- : the notice gave details of the date and time of the Magistrate court hearing. I believe that we may attend this meeting. I have also spoken to the solicitor in the council dealing with this matter he has asked for us to send a letter of objection to him.
leanne-jones : It's listed at the Magistrates Court - what for?
JACUSTOMER-hi2meqzd- : I presume it is to either enforce the order or not to enforce. I am not certain. I have been on line and apparently this is the correct procedure.
leanne-jones : You mean it's a Council meeting, not Magistrate meeting?
JACUSTOMER-hi2meqzd- : I am not certain, it probably is a council meeting taking place at the magistrates court
leanne-jones : Ah yes that would explain it. You can only complain if you have a valid objection, such as you use the access, there is no other way around etc
leanne-jones : Your neighbour won't be able to put a fence higher than 2m without planning permission so I would not worry too much about views
leanne-jones : t
leanne-jones : To object you need to show good cause, not just because you do not like it. You need to say how it will affect your quality of life, daily routine, how much extra work or travel it causes you etc
leanne-jones : Those are all valid reasons
leanne-jones : Does this answer your question?
leanne-jones : Then after representations are made, the Council votes.
leanne-jones : Is there anything else I can help you with today?
leanne-jones : If not please remember to give my answer a good rating and if you have any more questions please do not hesitate to ask me
Expert:  Nicola-mod replied 4 years ago.
Hello,

I'm very sorry but leanne-jones is no longer available to answer questions. I've been working hard to find another 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