How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

I am in dispute with my local authority over a planning

Customer Question

+i am in dispute with my local authority over a planning permission i have started digging out foundations they said they where going to issue an enforcement notice so i stoped so i could appeal the enforcement notice they said they where going to issue
but now they are refusing to issue an enforcement notice saying i haven't done enough work i believe this may be a deliberate attempt to incur me cost can i litigate against council for damages for unnecessary incurring me costs if they issue an enforcement
notice after i have constructed the house
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You need to write to the Chief Executives Office and make a formal complaint. They will investigate the matter and report back to you. If you are not happy with that the you can complain to the Local Government Ombudsman. They offer a free, independent service at: www.lgo.org.uk
That should resolve the issue for you. Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
please answer my question can i litigate against local authority for costs incurred by them acting unreasonably to purposely incur me unnecessary costs
Expert:  Ash replied 2 years ago.
Yes.
Does that clarify?
Alex
Customer: replied 2 years ago.
hello i am already aware of complaints procedure my question is can i take legal action against council for cost incurred by them purposely not serving enforcement to incurs me costs i have had it confirmed by experts that they can and should serve notice on me at this point there is no reason for them not to serve enforcement but serving a enforcement notice is discetionary we have a bad relationship with my local authority and i believe this is a deliberate attempt to incur me cost before serving an enforcement notice
Expert:  Ash replied 2 years ago.
No. Not unless you can show it was malicious.
I am sorry.
Alex
Customer: replied 2 years ago.
so i can litigate against council if i can prove it has been done maliciosly are you a barrister
Expert:  Ash replied 2 years ago.
Yes and I am a Solicitor.
Does that help?
Alex