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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Planning law. There is an outline application for 450 houses

Customer Question

Planning law. There is an outline application for 450 houses behind our house in open countryside which looks like it will be approved. To the rear of our house, 6m away from our lounge is a small farmers track which the developer wishes to use for access to 25% of the proposed development. I have written an objection citing as much planning guidance/law as I can find, suggested a much more acceptable alternative and requested we are involved in the process as much as possible. There is no intention on behalf of the planning officer or even local councillors to interact over the application. A road runs to the front of our property and I know planning guidance disapproves of roads to the front and rear of the property. I also know that the developer will never be able to comply with the legal visibility splay requirements at the junction of this proposed access onto the existing lane. The effect on our property value will naturally be devastating. Can anyone advise what action can be taken if the development and access road obtains outline approval? My concern is solely with the access road, not the development as a whole.
Michael Broady
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What advice were you looking for please?
Customer: replied 4 years ago.

It is really what options would be available should the outline application be approved knowing that the access road contravenes planning guidance and legal visibility splay requirements at the junction at,

1. Approval stage.

2. Construction stage.


Is my option confined to a judicial revue or is there any other action, perhaps via the ombudsman that would prevent or overturn the decision?

I presented as much feedback as possible to the planning officer, even suggesting that if the intention is to approve that it be conditioned regarding mitigation measures but believe me it is like talking to the dead!

Expert:  Jo C. replied 4 years ago.

That is probably out of my remit then but I'll pass this onto somebody who can help.
Customer: replied 4 years ago.

Ok Jo, thank you.





Hello Jo, thank you for your input but I think I have found an answer to my question