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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can i sue the council a planning application

Customer Question

can i sue the council for approving a planning application for a new dwelling 10 years after refusing the application to me when i owned the property, i even lost the appeal, the property was in a conservation area
Submitted: 9 months ago.
Category: Property Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you.Did you contest the current application please?Alex
Customer: replied 9 months ago.
No I didn't contest it, I am friendly with the chap who now owns the property. I've got no beef with him, it's with the council.
Expert:  Ash replied 9 months ago.
It's bad news then I am Afraid. If you had objected then you may have been in with a shout because you could show they had treated you differently.But by not objecting it seems that you agreed with the decision and therefore can't sue them. Even if you could you would have to bring a claim within six years of the original refusal.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.Can I clairfy anything for you about this today please?Alex
Customer: replied 9 months ago.
There is another planning application just gone in for 2 further bunglaows on the same site but I sold the property 8 years ago, so does that all mean i can't object on this current application?
Expert:  Ash replied 9 months ago.
Yes, you can contest that. But you can't sue the council for the original refusal.Does that clairfy?Alex
Customer: replied 9 months ago.
No it doesn't clarify for me. My beef is with the councils double standards, treating me differently to the person who has the property now. There is a terrible injustice there. Is it fair and honest that I sold the property with no chance of planning approval for a seperate property which I put in 2 applications for and went to 2 appeals which were turned down because it was in a conservation area and they use the green wedge policy. When they approved his application, they said it wouldn't effect the green wedge. So how can that be fair?
Expert:  Ash replied 9 months ago.
you had 6 years to bring a claim. This has elapsed.You could have challenged this current decision. But you did not. You could have brought a judicial review within 3 mo this of a decision if you objected.However you did not and did not object to the current application.This causes you significant difficulty. If you claim against the council then sadly you would lose.Does that help clairfy the position?Alex
Expert:  Ash replied 9 months ago.
Within 3 months that should have read.Alex
Customer: replied 9 months ago.
Yes it clarifies it thanks but it seems like a very unjust system
Expert:  Ash replied 9 months ago.
I agree, but sadly I can only tell you what the law is. Only politicians can change the laws.I am sorry, can I help with anything else today?Alex
Expert:  Ash replied 9 months ago.
Alex
Expert:  Ash replied 9 months ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.
Expert:  Ash replied 9 months ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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