Peaceful enjoyment of property - Interference leading to deprivation

[Guest]

Hi

Would a large development bordering my property that effectively makes my residence unlivable (in the manner in which it has been lived in for 8 years) during demolition and construction expected to last 2+ years, constitute a breach of legal human rights (UK and/or ECHR) being the right to peaceful enjoyment of property?

My argument is that we cannot raise a family (especially at such a critical time in our children's lives - GCSEs) with demolition and construction going on as near as 14ft from my property. Therefore we have to sell and the value has already been depreciated by @25% because of the threat of said development.

[islandgirl]

Has planning been granted? Did you oppose the development?

[Guest]

Not yet. I am trying to form a constructive solution where we will sell to the developer that once construction is complete they have an asset of the same (or greater) value than they paid for. It becomes a zero net-cost solution to their project. As it stands they are not negotiating that position.

I will oppose the planning at that juncture (it is in design stage) but am trying to ascertain what 'cards I can play'

[islandgirl]

So you are arguing that the developer of land you do not own should pay you "compensation" for your "loss of enjoyment" of your property am I correct? Presumably the 25% of "loss of value"? If I am correct you would have no chance whatsoever in my humble non-professional opinion. What reason would the developer have to pay you? The only way in which you could hope to gain anything is if you could produce reasons why your objection to the local council would be successful. An objection does not mean a project will not get planning.

[Guest]

Genuine thanks for your opinion. I firmly believe the objections to planning would be successful but would like to not stand in the way of said development. The only way I can not stand in the way it to not be there and the only way I can sell is to go at estimated @25% below market (valuations explicitly provided before proposed development). The second part of your comment would be best solution for all and that is in progress - but need to understand if there is a plan C that can get me out at a net 'fair price' should planning be granted.

[islandgirl]

Yes I see where you are coming from but in my opinion you would have no recourse in law (though I am not a lawyer or an expert - hopefully one will come along and reply to the thread). Your only hope would be to get planning refused (which is very difficult to do unless there are strong reasons for it to be refused by the council). I cannot see a developer paying you to remove your objections unless they are extremely strong and indeed there is something which feels "off" about the idea. Better for the developer to buy your house also. Good luck though!

[des8]

When building works take place there is bound to be some interference to neighbouring properties.
If it is unreasonable it becomes actionable, but what is unreasonable has to be decided by a court.
In Jones and another v Ruth and another [2011] EWCA Civ 804 (12 July 2011). 4 years of operations was considered unreasonable and damages of £75000 were awarded. Loss of amenity was valued at £30000.
There are other cases going back which deal with the problem of interference with ones right to enjoy ones property. Always the difficulty is proving unreasonableness.

When you comment on the planning application, besides trying to stop it, ensure the council condition any grant by eg
! setting times of commencing and finishing work
2 if it involves demolition putting in place dust suppression
3 forbidding the use of blaring radios(which always seem to be part of builder's equipment!)

I cannot see how (except by negotiation) you will obtain any compensation before the works have started.
Planning blight only refers to public sector works