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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 4898
Experience:  Senior Associate Solicitor
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I have a question about my property Assistant: Where are

This answer was rated:

Hi. I have a question about my property
Assistant: Where are you? It matters because laws vary by location.
Customer: A bar opened beneath my property and now I cannot sell it because it has zero mortgageable value
Assistant: What steps have you taken so far?
Customer: Bradford. England
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: The local council didn't follow it's procedures and I wasn't given opportunity to object to planning permission
Customer: replied 2 months ago.
I cannot remortmage my flat due to it being above the bar.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Customer: replied 2 months ago.
The ombudsman has been involved and agreed that the council did not follow it's procedures in notification to me to allow objections to be made to planning permission. They did however say that if I had objected they may not have upheld my objections.
I do not want to live above a bar due to noise etc. I have a buyer but they cannot get a mortgage due to it being above the bar. The buyer is the owner of the bar.
Customer: replied 2 months ago.
Do I have any options to either take legal action against the council or against the owner of the bar?

There are a couple of legal issues insofar as your property is concerned.

The first would be the legality of the council's decision - I have doubts that their decision was legal due to the fact they did not follow their procedures but in relation to the aggrieved party (yourself) not having any opportunity to object to a planning application for a bar under your property, which resulted in a zero value for a mortgage.

With the Ombudsman agreeing to the fact the council failed to follow it's procedure, you have two approaches. The first would be to launch a judicial review of the council's decision. This means that a judge looks in to the legality of a decision of a public body such as a council - you would need a law firm to do this as the area of law is complex and judicial review proceedings can be expensive too - so a law firm should do this for you and to act on a no win no fee basis.

If a judge finds that the decision was illegal, they can overturn the council's decision, so this potentially has a huge impact for you in that the bar would not be able to operate and your property value would be back to normal. The other area of law is to sue for damages - if judicial review proceedings are not an option (e.g. due to expense). The claim would be for the diminution value of your property, which is likely to be substantial, so again a law firm should help with this.

I can recommend either Slater & Gordon Lawyers (tel: 0161(###) ###-#### or Irwin Mitchell Solicitors (0370 1500 100). When you ring them just say you want to speak to a solicitor as regards ***** ***** review of a council's decision and also a claim for damages in relation to the property value.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 2 months ago.
That's really helpful. Thanks. Do you think that a firm would take up the case on a no win no fee basis? Value of the property is approx £150k

Yes, I do, mainly because they would charge a success fee if they win the claim. If those firms turn you down then come back to me and I will give you a couple of other suggestions.

JimLawyer and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks so much. I will. Andy
Customer: replied 2 months ago.
Rated 5 stars

Also check you have legal expenses cover with one of your insurers - if so, it might include this claim in which case you can use the insurer's panel solicitor

Have a good evening