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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbours have recently built a large house next door.As

Resolved Question:

My neighbours have recently built a large house next door.As part of the development they have built a four room outbuilding with a shower room in the garden .that the Council have said is allowed under permitted development.They have now erected three large satelitte dishes two on the chimney of the house 78cm and 88 cm and one on the outbuilding 78cmI queried this with the council as they did not have planning .They applied and the permission has been granted .However on the planning portal it clearly states that no antennae should be erected on a building that has been allowed under permitted development.There were numerous objections and the council have said that because they were only appling for the satelitte dishes it was permissable.Is there anything I can do .IT has been dealt with by Wycombe district council and the house address is XXX XXXXXXXXX XXXX XXX XXXXXX where you can see all the information. Many thanks

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 :

Have you made any formal written complaints to the Council please?

Customer:

Hello Alex.Thank you for your help

Customer:

I have not put in a written complaint since the planning application was permitted.I did speak to Mr charles Power who was the case officer but he said everything was allowable and the council had followed planning legislation but I dont agree when the planning portal states no antennae on an outbuilding allowed under permitted development

Alex Watts :

Have you asked them for their policy on such matters?

Customer:

Hi Alex

Alex Watts : Hello
Customer:

The I have asked what I can do All I can do as the permission has been granted is to put in a complaint about how the council have acted but as I do not know if what is on the Planning Portal is Gospel about the antennae on outbuilding I am stuck I cannot seem to find out if that is actually correct when I asked Mr Powers he glossed over it saying they had followed planning policy and th application was only for the satelitte dishes and not the outbuilding So I dont know if I have reason to put in a complaint

Alex Watts : You should do several things:
Alex Watts : 1) Ask for a copy of their planning policy
Alex Watts : This will tell you whether they have a policy and whether they are sticking to it
Alex Watts : 2) If they do not then you can write and complain to the chief officer of the council.
Alex Watts : That department will investigate the complaint and decide whether it is genuine or should be upheld.
Alex Watts : 3) If that goes against you then you can complain to the local government ombudsman.
Alex Watts : they are Independent of the council and can consider complaints for free.
Alex Watts : Their website is www.lgo.org.uk
Alex Watts : 4) If that does not work you can consider a judicial review.
Alex Watts : This is whee a
Alex Watts : This is normally where a high court judge will consider what the council have done and will decide whether they have acted reasonably and also legally.
Alex Watts : A judge can agree with their decision or remit it back for further consideration.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you for your help

Customer:

I will follow up on the points you have made .Many thanks Sarah

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