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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We recently purchased a property and used a legal firm to carry

Customer Question

We recently purchased a property and used a legal firm to carry out the necessary enquires. Having been in the property for a few months we were surprised to find that planning permission had been granted for a large extension some 2 meters higher and 3 times as big as the existing building. I should say that this was a small garden centre. We are situated in green belt country and the view from our windows across the lane was on trees and open countryside now it is a large warehouse type building which totally blocks our view and has considerable devalued our house. The solicitors acting for us never brought this planning to our notice and I am amazed planning was ever given. So my query is this are the solicitors at fault and is there a planning ombudsmen we can complain to. Our property has been devalued by at least £100.000 !
Thank You
Mrs C Glasspole
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Do you know if planning had been applied for when your solicitor carried out enquiries pleaae?
JACUSTOMER-8gdj2xt2- :

yes

Alex Watts : Ok then your solicitor appears to be negligent
Alex Watts : You should write to the firm managing partner and make a formal complaint. The partner will have to investigate the matter and report back to you.
Alex Watts : If that does not resolve the matter you can certainly find another firm of solicitors and consider a claim for negligence.
Alex Watts : If the planning permission had been applied for your own solicitor should have made enquiries which brought this to light and informed you. If not then there is negligence for which you could sue for loss and damage.
Alex Watts : You may get another firm of solicitors to take this on a no win no fee.
Alex Watts : but the starting point is the managing partner who deals with complaints.
Alex Watts : Can I clairfy anything for you about this today please?
JACUSTOMER-8gdj2xt2- : I don't believe this should of got planning permission .When speaking with the owners of the garden centre he said they didn't expect planning to be granted so easily . The building is in white so stands out it should have been green to blend .We are in green belt .
JACUSTOMER-8gdj2xt2- : Do we have any recourse re planning is there a planning ombudsman
Alex Watts : Sadly if planning has been granted You have limited options to appeal. You can appeal to the council or take out a judicial review, but this involves high court proceedings.
Alex Watts : Does that clairfy?
Alex Watts :

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