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Sue council for negligence

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  • Sue council for negligence

    Hi everyone, the council granted planning consent to triple the size of the factory style poultry farm 140 metres from my house. The original plant was noisy, 24 hours per day with extraction fans running. I complained and the council came and made sound recordings, which proved that the noise levels were above the legal limit, and classed as a nuisance.
    I reminded the council planners of this issue while they were considering the application to enlarge the plant, but they assured me in writing, that there would be no problem wit noise from the extended plant, despite it being three times the size.
    Now that the plant has been enlarged and is up and running, the noise levels are even louder than before, well beyond the legal threshold.
    I will be attempting to have the plant silenced via the council's environmental officers, aa vexed process which is likely to take several year, and may never be completely successful.
    It has been suggested that since it is well documented that the council had full knowledge of the pre-existing noise problems, that they acted negligently when granting consent, and as such it would be possible to sue them for the loss in the capital value of my house, and compensation for the resulting inability to enjoy my home and gardens.
    Has anyone here got an opinion as to whether this might be achievable ? I would be very grateful for your comments.
    Tags: None

  • #2
    My view is that this might be something that is probably going to be quite costly, so you may want to engage a solicitor for specialist advice and see whether someone might take your case on a no-win no-fee basis. Alternatively if you have any legal expenses insurance that would be your first port of call.

    evaluating prospects and what you potentially could get in compensation could depend on a number of factors that may fall outside the realms of what we can assist you withi on this forum.
    Click here to check out my list of templates

    DISCLAIMER: ANYTHING I POST ON THIS FORUM SHOULD NOT BE CONSTRUED AS GIVING LEGAL ADVICE. I DO NOT ASSUME RESPONSIBILITY NOR DO I ACCEPT ANY LIABILITY AND THE USE OF MY CONTENT FOR YOUR OWN PURPOSE IS SOLELY AT YOUR OWN RISK. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO THE LAW SOCIETY'S FIND A SOLICITOR OR CONTACT YOUR LOCAL CITIZEN'S ADVICE BUREAU.

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    • #3
      Thanks Rob, Im sure you are quite right about engaging a solicitor, I was just wondering if anyone had any experience with similar cases that might be of help.

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      • #4
        Have you considered approaching the LGO (https://www.lgo.org.uk/)

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