December 21, 2018
Housing disputes – when to launch a legal challenge?
There’s a housing shortage. New homes need to be built. But what are your rights if a developer with planning permission to build 20 homes next door to you wants to build 30 instead? Should you make a legal challenge or use political pressure or organise a public campaign? Legal challenges are expensive and if you lose you can expect to pay the other side’s costs, as well as your own.
To decide whether to mount a legal challenge you need to understand which of your objections are strong and which are weak in law. Trimming the weak objections helps focus on the strong ones. For that you need expert advice.
Often inviting councillors to visit the site to see the issues for themselves is a practical solution. If you plan to make representations to the local planning authority how best can you make them? In writing or in person at a meeting? Or both? If you do go to a meeting, how can you best use the limited time you will have to persuade the planning committee?
The answers to these questions vary from case to case. Neighbours to a development site asked Paul Ashwell these questions recently and using his knowledge of the law and experience of the planning system, he helped them make a plan of action. Paul is recommended in the 2019 editions of the leading legal directories Legal 500 and Chambers & Partners.
Paul Ashwell offers expertise across the full range of commercial and property law. If you require his services, please get in touch with our clerks who will be able to put you in contact with him.
By Paul Ashwell | Property