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Planning Appeal Advice

Your home is your castle, so it stands to reason that you want it to look its very best. It can be hugely frustrating, then, if you’re planning to develop your home, only to find out you’ve been denied planning permission. If you have had an application turned down, our team of specialist property lawyers is here to help.

We can advise you on your rights and the merits of making a planning appeal case against the original decision. We use our expertise to look at planning decisions and consider the right to challenge negative decisions to the High Court by way of judicial review. We can also give legal advice on points of potential challenge and help with drafting and negotiation of planning agreements.

We can also help if a previous owner did work without planning permission. This can prevent the sale of your property, so ensuring that you have the correct paperwork will improve your chances of selling your property. We can advise on how to approach this troublesome issue.

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    Why choose Hodge Jones & Allen Solicitors?

    With over four decades of experience, our team are experts in all aspects of property law. They will meticulously comb your applications for planning permission and work tirelessly to provide you with a strategy on how to raise a planning appeal case.

    We offer industry leading legal advice on points of potential challenge and help with drafting and negotiation of planning agreements. Our partners in the team are accredited by the Property Litigation Association and have successfully represented many clients in property disputes of all kinds.

    Our solicitors have the right expertise to advise you on your rights and merits to appeal planning refusals. We’re skilled in housing law and aim to win all our planning appeal cases.

    We understand that cost is a priority to every homeowner too. So, our solicitors will always be transparent about the costs and funding options available to you. We’ll aim to give you clarity of the fees from the beginning and keep you up to date throughout.

    “The solicitor provided me with an excellent service, she couldn’t have done anything better. She was very supportive and knowledgeable, kept me fully informed and explained complex matters to me in a way that I could instantly understand.”

    Featured Cases

    Case Study: Resident successfully challenged Council’s decision to grant neighbour’s planning permission

    Mr Michael Eatherley, who lives in Quadrant Grove, appointed Hodge Jones & Allen to challenge the Council’s decision to grant a Lawful Development Certificate for Permitted Development for the basement extension of a neighbouring property. It was challenged on the grounds that the proposed development required substantial engineering, not within the permitted development rights.

    The proposed building site in Quadrant Grove is a two-storey, 19th-century mid-terrace family house with a mansard roof extension adding a third storey. A basement extension would turn what was originally a two-storey cottage in a tiny street, into a four-storey house. In a relatively short report, Mr Raymond Yeung, a planning officer at the council, concluded that the proposed development was a permitted development within the meaning of Class A permitted right.

    In a judgment handed down at the Royal Courts of Justice, Mr Justice Cranston quashed the council’s certificate of lawful development granted to Mr Eatherley’s neighbour (Mr Ireland).

    To find out more about how our property law specialists can help you, get in touch today for a no-obligation consultation on making planning appeal cases.

     

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    Jayesh Kunwardia
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    Chun Wong
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    Claire Kitchen
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    Daniel Fitzpatrick
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    Michael Kilbane
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    Ruhul Ameen
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    Planning appeals frequently asked questions

    I understand that an applicant has submitted a planning application to alter a property near me, how can I view the documents?

    I’m not sure if I need to make a planning application, is there any way I can check before submitting a full planning application?

    Most councils will let you make a pre-application rather than bring an actual application. It’s likely that a planning officer will give their thoughts on your application during this process, prior to you submitting a full planning application.

    How do I comment on a planning application?

    Most councils allow you to submit comments online via their planning portals, even if you have not been formally notified of the application.

    Alternatively, most councils will accept letters with comments. It’s advisable to leave details of your name and contract address, so that you can be contacted.

     

    A developer has purchased the neighbouring land and is proposing to develop the land to include a high rise tower. I am afraid that it will block the light into my property. Is there anything I can do to stop this?

    In the first instance, you need to establish whether you have a ‘right to light’. This usually only applies to certain parts of your property. This can be affected by any changes/adaptations/renovations carried out to the property over the course of time.

    You then need to assess how much the proposed development will affect the right of light into your property. This is a very complicated task, usually undertaken by an expert surveyor.

    If proceedings are necessary, the court has a number of options, which include the power to stop the development or to allow the development to proceed but provide damages in compensation.

    Further Reading
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