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Can i sue my local council, no win no fee?

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  • Can i sue my local council, no win no fee?

    hello, im wondering if anyone can help with the following issue.

    From last year we had new neighbours that had bought the house next door which was a semi detached 3 bed. The neighbours had permission to build a double extension, loft conversion, side extension, none of which we objected to. During the build we noticed that something other than the extension was also being erected, a 4 metre patio. the houses are all built on a flood plain which means that anything that's built in great volume and height will be in serious risk of flooding neighbouring properties.

    The houses are also built higher than the gardens to prevent flooding so the neighbouring patio is of 5 ft tall in height and when someone stands on it a minimum 10 ft over looking into our garden which means the neighbours have complete access to looking into our most intimate areas and into our house. Last year we reported that the neighbours were building this patio without planning permission and an enforcement officer visited the site and informed them this is not permitted development.
    The neighbours then applied for retrospective planning permission.

    This has been going on since March last year and every single application to the council for the patio has been denied for obvious reasons. The third application took the council 5 months to conclude the patio (neighbour had plans to amend patio to reduce slightly and install a privacy screen which would have only impacted the sense of enclosure even more) this was denied in April this year. all throughout last year and beginning of this year i have been emailing the planning enforcement officer at every stage and asking for updates on enforcement action and i was either ignored or quite frankly fobbed off.

    ! then went through the complaints process and have now received a letter from the chief planning director for the council (at stage 2 complaint process) that an enforcement notice will now be issued, which is good news i know.

    However i am extremely put out and distressed by the lack of competency from the enforcement officer in charge, this has the potential to carry on for several more months whilst the neighbours can appeal this enforcement notice and even more so if they refuse to respond.

    We are also now being targeted by the neighbours with loud banging disguising this as building works despite the works being completed last year ( i have had the council round on this matter ). as to keep our privacy we cannot have our blinds or curtains at the back of our house open we also cannot enjoy our garden as the neighbouring patio with people on it takes away our privacy, this has caused the utmost stress for over a year and now our once sanctuary is a place of stress and anxiety.

    We have a very modest house and we both work very hard in order for us to have it, we do not have the funds to seek legal advice or action but i feel we have been immensely let down by the council for lack of response sooner and knowing this can go on for many months more is completely disheartening.

    I read that enforcement action is discretionary so i'm unsure whether this could even be explored through the courts for undue stress? how can it be the neighbours can do this and nothing can be done for us who has done nothing to deserve this sense of imprisonment? Any advice would be appreciated. also as bit of information the neighbours are generally quite awful, they were building last year out of hours and on Sundays so you can imagine we are quite over this nonsense by now!
    Tags: None

  • #2
    If you can find a solicitor willing to take on your case on that basis, the answer to your headline case will be "yes". If you cannot, it will be "no".

    Your indigestible wall of text will be much easier to read if you use shorter sentences and paragraph breaks.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Dear Atticus

      Thanks for your feedback, thought I was pretty clear and informative on my post , as for paragraph breaks that’s very hard to do on a mobile device but let’s try!

      *paragraph break*

      any thoughts on whether this is a case pursuing? Rather than a very blasé response I would appreciate a professional opinion

      Comment


      • #4
        I struggle to see a viable case against the council that will actually help you. That said, if the council is issuing an enforcement notice, I would normally expect that it will follow this up if necessary. I suggest that you request regular updates.

        If this patio causes flooding in your property, you may have a private nuisance claim against the neighbour.

        I am going to repeat a practical suggestion that I made in a similar case here not so long ago. Is it possible for you to plant trees such as birch (please, not leylandii!) close to the boundary to create a screen?

        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Once you lodge a formal complaint with the Council and it goes though their Complaints Procedure you might be able to lodge a Complaint with the LGO, if your still not happy.

          https://www.lgo.org.uk/make-a-compla...cannot-look-at

          Comment


          • #6
            Get in touch with your local councillor in person. They can hopefully push enforcement to act. Most planning sections of councils are greatly understaffed and things take a long time. Sorry you have this issue.

            Comment


            • #7
              I've edited the OP's post to make it more readable.

              Comment


              • #8
                Hi all thank you for advice, my local councillors have been informed of this process as well as the local MP all of which have been extremely helpful.
                I will now write to the enforcement officer who has been supposedly in charge of the case and ask for regular updates. fingers crossed!

                Comment


                • #9
                  Originally posted by Eva Chel View Post
                  Hi all thank you for advice, my local councillors have been informed of this process as well as the local MP all of which have been extremely helpful.
                  I will now write to the enforcement officer who has been supposedly in charge of the case and ask for regular updates. fingers crossed!
                  Good to hear your local councillors have been doing their jobs - we can be helpful sometimes. Good luck and let us know the outcome please

                  Comment

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