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Joshua, Lawyer
Category: Law
Satisfied Customers: 31555
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Lots of corruption in our local council and a large 4

Customer Question

Hi lots of corruption in our local council and a large 4 bedroom house is going to be built over my boundary wall but it will only be about 30ft from my house so will cause loss of light and sunlight when built. They are now asking to add a single storey to it and move the boundary line nearer to another neighbour (all agreed) This will add slightly to my light issue. thanks
JA: Where are you? It matters because laws vary by location.
Customer: thanks am in pembrokeshire
JA: What steps have you taken so far?
Customer: before the first application a couple of years ago I emailed my objections to planning and have now done the same about the new application. the deadline is tomorrow but yesterday the removed the boundary fence which is part of the new application
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the applicant is the village bully with a nasty temper that i have been on the receiving end
Submitted: 6 days ago.
Category: Law
Expert:  Joshua replied 6 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 6 days ago.

I am sorry to read of the above. May I confirm why you are allowing neighbours to build over your boundary please?

Customer: replied 6 days ago.
Sorry didnt word that very well the is building behind my boundary and extending into another neighbours boundary
Customer: replied 6 days ago.
I am happy with txt
Expert:  Joshua replied 6 days ago.

  1. thank you. are they proposing to build right up to your boundary line but not over it?
  2. are the other neighbours you refer to content with them building over their boundary?

Customer: replied 6 days ago.
other neigbours happy. No not up to the boundary but it will be a large new house and will affect my light and sunlight. I suffer from ms and the stress of it all is affecting me.
Expert:  Joshua replied 6 days ago.

  1. I'm sorry to read of the above. May I confirm if you are aware of any right to light over the neighbour's land provided for in your title deeds please?
  2. alternatively, is there any limitation on a right to light containing your deeds?
  3. how long has your property been built for roughly?
  4. Is the new development likely to reduce light by 50% or more through any of your windows?

Customer: replied 6 days ago.
Hi no right to light on my deeds and no it wont be 50%. My house was built in 1999. thanks
Expert:  Joshua replied 6 days ago.

thank you. Levers available to you in circumstances such as this can be limited unfortunately. If you can demonstrate that a nearby development is likely to reduce light by approximately 50% into your property, then they can be scope for seeking an injunction in respect of proposed works. Typically, where light reduction falls below the 50% threshold, an injunction can be increasingly difficult to obtain.

You may wish to check your deeds to see if you're land benefits from any restrictive covenants over the neighbouring  land limiting development. If it does, then this can be an effective tool to restrict development on the neighbouring land.

Failing this, if planning permission has been or is granted, the only recourse would be to judicial review in respect of the council's decision if you can show that is contrary to planning policy which in itself may be challenging. Judicial review will typically be very expensive ranging from the high five figure or low six-figure sums and is therefore out of range of the average person without crowdfunding. Of course, prior to any grant of planning permission by the local authority, you can raise objections and encourage local residents to do so. To the extent you can ensure your objections are based on the local plan in force in your area, this will generally give your objections more weight

Customer: replied 6 days ago.
Hi, ok thanks for your help. I am aware there are lots of people affected by planning started by others greed for as much money as they can get!!
Expert:  Joshua replied 6 days ago.

I'm glad the above answers all your questions for now and I wish you well with any objections you raise. If you have any follow up questions please revert to me.

Customer: replied 6 days ago.
thanks very much
Expert:  Joshua replied 6 days ago.

I'm very glad the above is of some assistance

Expert:  Joshua replied 5 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.