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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8341
Experience:  Dual qualified Solicitor and Attorney
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The local London Borough of Sutton have passed planning

Customer Question

The local London Borough of Sutton have passed planning permission to construct two semi detached "affordable" properties in an extremely restricted area...."South African Township" style ....The response from local citizens , for whom I am acting as spokesman, are becoming more concerned. I am a retired Structural Engineer and I view this project as totally irresponsible
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have a plethora of communications with the authorities representatives and the Contractor employed to expedite the works .....with little or no sympathy for the residents affected....We are on the extreme edge of what was a "housing estate".
JA: Where is the property located?
Customer: Peterborough Road / Bisham close Carshalton Surrey (SM51DH) .The land was originally described as a community rental garage area .
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: An extensive "hoarding" is now in place being the Health and safety first stage to the proposed works beginning end of june/july ..I have approached a Baroness and a QC known to me to discuss a High Court Injunction ....without much success
Submitted: 14 days ago.
Category: Property Law
Expert:  Virtual-mod replied 13 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Jeremy Aldermartin replied 12 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 12 days ago.

What would you like to know about this? Why do you consider the works to be irresponsible?

Customer: replied 12 days ago.
Poor amenity services (far from local transport).....extremely restricted work area and transport access
not conducive to providing comfortable living space (2 semi dwellings) .....ground geology unfit for building in excess of single storey.....Commercially driven expansion with little or no thought for local residents and overload on services (gas , electricity etc)
Customer: replied 12 days ago.
thought this was supposed to be a 7 day trial ?????????
Expert:  Jeremy Aldermartin replied 12 days ago.

I believe you may have been offered a phone call these cost extra as these are premuim services I can respond in the chat.

Expert:  Jeremy Aldermartin replied 12 days ago.

I see so in essence your objections are around planning but it has already passed planning so in essence is your question can you stop it even though it has passed planning?

Customer: replied 12 days ago.
email will be fine thank you
Expert:  Jeremy Aldermartin replied 12 days ago.

Thanks, ***** ***** see my query above? Just wondering what you want to know as the building has passed planning and can therefore go ahead.

Customer: replied 12 days ago.
Will a High court injunction be worth trying based in the original question ( planning forced thro)
Expert:  Jeremy Aldermartin replied 12 days ago.

Well presumably the injunction would be pending a judicial review? An injunction is not an end in itself so you would still need an underlying legal case against the planning being granted. The only possible basis I can see would be you argue it was granted incorrectly under say the Wednesbury unreasonableness grounds of judicial review. Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. The issue you have there though is that, it is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision. Therefore, you may go through the time and expense of bringing this action and it be determined at judicial review that the procedure was correct there was nothing so unreasonable in the decision the conclusion to grant planning should not have been reached. Even if you win, the public body will be able to make the same decision again, so long as it does so in a lawful way. Therefore, I do not see this as a sensible course to go down it may be the last throw of the dice but likely to little avail. I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to  clarify or expand on my previous response.

Expert:  Jeremy Aldermartin replied 12 days ago.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day