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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Im thinking of takin a civil action against a

Resolved Question:

Im thinking of taking a civil action for nuisance against a neighbour. Together with a local farmer they falsely obtained planning permission 13 years ago to build a massive barn.

Further information

Farmer with penchant for building unneccessary barn built one opposite me in 1998, very small at initial construction and well screened. Not used for years. Then massive works started, complained to council all permissive under GPDO in  2005 we discovered the barn was used by the neighbour in front of me. We have complained excessively over the years about the traffic noise and lights and other businesses being run from here. The council investigate and "find nothing".

We recently discovered through land registry notes. The small plot of land ( about 2 acres) had been sold , THEN the farm applied for a barn to serve his farm.

Recently to justify keeping an extension to the massive construction. The farmer has written a letter confirming they built the barn for my neighbour in 1998.

So it confirms the farmer submitted an application under GPDO knowing that he no longer owned the land and built the nar for the use of the neighbour.

Furthermore in a planning inquiry in 2006 the farm had left this barnj off his application when queried he said his father still owned it " again this was false information.

There is no way , had the neighbour just bought the plot of land, that planning permission would have been granted for a barn that size and all the subsequent developments around it.

There is a letter in the land registry from the neighbours solicitor asking if the house and now this plot of land can be integrated into one title deed

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 :

What is it you would like to know please?

Customer:

what is your opinion of the question I posed in relation to take action for the nuisance now caused by the developments

Alex Watts :

If you can show there is a nuisance whilst you are unlikely to stop the development as planning permission has been granted, then you could certainly limit when they can do it.

Alex Watts :

If permission was wrongly granted then you could have sought a Judicial Review but only have 3 months from the date of decision to do that.

Alex Watts :

But you can take civil action for nuisance being that noise, smells etc

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

if someone makes a false declaration to obtain planning permission is there anything I can do?

Alex Watts :

Unless you Judicially Review the decision within 3 months of planning being given I am sorry to say no.

Alex Watts :

The time is just too long. Court rules state it must be done within 3 months.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

sorry to question, its just I have seen articles where a council have taken action as applicants set out to deceive.i am sure this was not JR but court action a time afterwards?

Alex Watts :

If you can show FRAUD, this unravels all.

Alex Watts :

If its not fraud, then your options are limited

Alex Watts :

Does that clarify?

Customer:

Yes sorry. think this is what I was looking for.

Customer:

Applicant (the farmer) of barn in 1998 applied for the barn to serve farm. knowing fullwell he had sold the land it was on to MR S. It wasn't until 2014 that by chance a letter appears from the farmer ins upport of another application at Mr S property confirming "we built the barn for MR S in 1998".

Customer:

There is no way MR S would have got any building particularly as this is on the Gower an Area of Outstanding Natural Beauty. The farmer has subsequently applied for multiple barns on other sites to keep his farming business going, all his money comes from building contracting to the point where he 200 sheep and 40 cattle ( quite small ) but drives around in a brand new maesarait with a private registration. He appears to be applying for barns and selling them!

Customer:

In 2009 the farmer had a problem, he wanted to build a farmhouse to supposidly "look after his cattle on one site", but he had lucratively bought another farmhouse on a small plot of land, under his wifes name he bought the surrounding land of this second farmhouse. His problem was that he wanted to rebuild this second farmhouse so he put in a "rebuild application " under the name of one of his partime employees(fraud?). He knew he wouldn't get the original farmhouse if he was showng he owned another in the same village. This was picked up. He reapplied for the rebuild, this time under his business name stating it was a "business investment". Subsequently he has stated that this rebuild has nothing to do with the farmland but his wife has applied for two barns stating that there is an agricultural dwelling on the site. They live in this rebuild , the very first new farmhouse was passed and has been partially built for 6 years. We believe he is looking for a buyer.

Alex Watts :

Indeed. If you can show fraud, that unravels everything

Alex Watts :

Does that clarify?

Customer:

Yes thank you

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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