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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Do I have any rights with the following. I live opposite

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Do I have any rights with the following.
I live opposite an old estate of prefab houses, however, there was a narrow strip of "wilderness" in front of it that had mature trees and shrubbery blocking the view of it. When I looked out of my window all I could see was bushes and trees and it was one of the reasons I brought the property in 1998. The council are planning redevelopment of the estate, they sent notice of this, but did not specify they planned to cut down all the trees and bushes. This they have done over the last couple of days and I now have a clear panoramic view of the estate. I woke up without birdsong for the first time since I have lived here and am devastated. I now want to move but cannot see anyone would buy it with the current view (I know it will change once redeveloped, but do not have any idea what I will be looking onto. Do I have any rights? Could I sue the council for failure to consult or notify?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Was there planning permission or a Tree Preservation on this please?Alex
Customer: replied 1 year ago.
I guess they have planning permission and because I did not know they intended to do this, had no chance to ask for preservation of the trees, I guess I should have got involved when they first notified of the redevelopment, so I'm sure I missed the chance to object. and you are going to say there is nothing that can be done.
Expert:  Ash replied 1 year ago.
Did you look at the planning permission to see what they were going to do? Does the planning permission include felling trees?
Customer: replied 1 year ago.
My response to this comment yesterday appears to have disappeared? I have not seen the plans, I did not have any idea they would do this, There are still a few larger trees left which I believe they will be felling tomorrow, is there anything I can do in the morning to stop them felling the remaining trees?
Customer: replied 1 year ago.
The speed in which they have done this suggests to me they wanted to clear the area before anyone had a chance to protest. The birds are now crammed into the few remaining trees, can I do anything in the morning to save them as they left cones in the road so I think they are coming back tomorrow to cut them down?
Expert:  Ash replied 1 year ago.
You could obtain an emergency injunction but would need to get a solicitor today to do this. There is always a judge on call 24 hours a day so you can get an order todayYou would need to get a solicitor to complete some court forms and arrange an emergency hearing.However you should be on notice that if it turns out they had permission and you just did not check, you would be responsible for their legal costs.But you can get a solicitor today to get this done on an emergency basis.Can I clairfy anything for you about this today please?Alex
Customer: replied 1 year ago.
They probably do have permission, I can't imagine it would be done without it. Should I call the council in the morning? I can see it getting expensive and I could not afford to go into it uninformed. I will ask to see the plans, would I be entitled to any compensation if I do not like the plans and believe it lowers the value of my property?
Expert:  Ash replied 1 year ago.
You need to see the permission and plans.That is your starting point if you want to stop it.
Expert:  Ash replied 1 year ago.
Can I clairfy anything else for you?Alex
Customer: replied 1 year ago.
I would not want to continue living here looking onto an estate, although who would purchase the property without knowing the final vista, I don't even think I could get a valuation with this uncertainty. After planning permission has been granted, is it too late to raise objections and get involved, could I effect any changes at this stage to the finalised plans, obviously it's too late for the trees, but on the view that I will be forced to look at? I won't ask any more questions after these. Thanks for all your help.
Expert:  Ash replied 1 year ago.
If there was planning and you didn't object that is a problem for you.That is because you could have objected and did not therefore it would be deemed you didn't have an issue. So you really needs to check to see what it says.
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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