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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a secure tenant and there is nothing wrong with my council

Resolved Question:

I am a secure tenant and there is nothing wrong with my council property. The 2 adjoining properties have been boarded up for a couple of years as there is some subsidence. The HA who own the middle property have submitted plans to demolish and rebuild 4 houses. As both the council and the HA could perform remedial works is this development not permitted? How and on what grounds do I challenge the planning application if the decision makers are also the council who haven't made the repairs to one of the empty properties?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : On what basis do you want to object please?
Customer:

That there is nothing wrong with my property as proved by its valuation.

Customer:

That it is practicable for the council and HA to repair the other two properties at far less cost and destruction

Alex Watts :

You want to object but they haven't made repairs?

Alex Watts :

Have you complained formally to the Council please?

Customer:

That the proposed additional house faces into 3 ancient oak trees so wont get any sunlight

Customer:

Yes. I sent a letter before action last Sept

Alex Watts :

Ok - so potentially there is a right to light issue

Alex Watts :

Also you can apply for a Tree Protection Order

Alex Watts :

Finally you should contact the Ombudman

Customer:

I wont get legal aid until until possession proceedings are started so need help to oppose the plans

Alex Watts :

They can investigate any complaints that you have against the Council and can offer an independent review

Alex Watts :

Their website is: www.lgo.org.uk

Alex Watts :

But you can do those three things

Customer:

OK. Will do that tomorrow. Thank you.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Can you clarify if The town and country planning act 1995 part 31 1.A is relevant?

Alex Watts :

Its hard to say for sure, it could do

Customer:

The planning dept say it isn't relevant as it just means the HA need to apply for planning permission but it appears to fit my circumstances exactly eg the development is not permitted as the building could be made safe by works of repair.

Customer:

If it is relevant would I include it in my planning opposals or as a separate letter?

Alex Watts :

Yes. It makes no sense if they can repair why would they go down the demolition/planning

Alex Watts :

Therefore it would well be relevant and should form part of your complaint.

Alex Watts :

Does that clarify?

Customer:

Great. I just wanted to be sure that piece of legislation still existed as there have been changes. So you recommend contacting the ombudsman and raising with them rather than opposing the current plans to demolish and redevelop?

Alex Watts :

I would do both to maximise your options

Customer:

The cost of remedial works is 90k

Alex Watts :

Does that help?

Alex Watts :

I see

Customer:

yes thank you.

Alex Watts :

Please remember to leave feedback before you go today

Customer:

Will do.

Alex Watts :

Thanks

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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