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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Planning permission has been passed by the secretary of state

Resolved Question:

Planning permission has been passed by the secretary of state through appeal after being refused by the local council twice to build a detached property in the garden of no12 which is the end terrace of a block of 5 properties.They have advese possession of the garden.Also passed was permission to form two parking places on a piece of land at the side of no12 and at the back of the new dwelling which is land not owned by no12 and not registered with land registry. This land has been used all the residents of the street 7 properties as parking and for a turning circle due to it being a cul de sac.The street is an unadopted unmade road and the piece of land has been used for parking and turning for over 25 years. The parking is for no12 not the new dwelling.Do we have a prescriptive right to use the land and stop them forming the parking places even though it has been passed by planning who have ingnored all our claims about ownership and said they are not interested in who owns the land. Could you tell me what I should do now it has been passed.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : When was the decision made please?
Customer:

I looked on the councils planning site and found the reply from the appeal 25th november but we have not received official notice yet. A site visit took place with the appeal surveyor and the local council planning officer approx 2 weeks ago early november.

Customer: replied 3 years ago.

I have given you the information regarding when the decision was made do you need further information.

Expert:  Ash replied 3 years ago.
Forgive me I did not see that you had replied sue to a system glitch, you do have a prescriptive right but this is only in only in terms of parking. But if the decision has been overturned for planning by the Secretary of State this overrides your prospective right.

If you went to court to enforce the right then sadly it would be defeated because there is a legal decision in terms of planning. But what you could consider is a judicial review or the overturned decision, This is where senior Judge would consider the decision of the Secretary of State and see whether their decision was one which was legal and in all cases reasonable.

THe decision will be legal. But you a judge can consider whether the decision made was one which is reasonable in all the circumstances. The judge can agree with the decision or remit it back for further consideration.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.

Would a judicial review consider the parking only has this is my only concern I am not trying to stop the new building being erected. I pointed out to the planners that the applicant had signed a declaration that all the facts are true on his application and stated the 2 facts which were not but this has just been ignored.


On the location plan he submitted for planning it shows that his ownership extends to cover the entire parking/ turning circle which is the land not registered at land registry and he does not own.He has also made a statement that no 45 my house only use the street to gain off road parking into the rear of my property which is not true. I have parked on the street or in the turning circle all the 16 years I have lived there and for most of the time I have parked outside no12 due to him parking in the turning circle . He has lied to gain planning permission.


Would this be something worth persuing has the council planners said they were not interested in ownership.Surely you can not pinch land and lie about where somebody parks to gain planning permission.


 

Expert:  Ash replied 3 years ago.
If they failed to take something properly onto account or took into account irrelevant matters then yes this part of the decision alone could be examined

Alex

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