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We bought our bungalow 18 months ago it is one of 8 in the grounds of a.golf club. At the time of purchase we were assured by the land owner that the strip of land to our rear was not going to be built on. As other people moved in over the next 18 months in turn they were also assured of the same thing. All but three if the properties are privately owned the other three rentals by land owners family. All the tenants were also assured if the same thing. 2 weeks after the last tenancy was agreed a planning notice arrived advising that an application had been submitted to build on the land behind our properties. The application has been approved despite the impact it will have on the enjoyment of our properties. Our properties have small gardens but low back fences which bring the trees and paddock into our gardens making them feel bigger. Fences will be erected as part of the new developement affecting the enjoyment of our gardens. We have nothing in writing but everyone who moved here was told the same thing do we have a case against the landowner. We have come to realise that he had this new build planned all along and had waited until all the properties were occupied before submitting a planning application.
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Although nothing in writing perhaps the testimony of so many people will be sufficiently convincing. Not everything contractual has to be written.
I suggest you all meet and formally agree future action. Possibly an escrow account to pay for any legal action. I suspect you will need to involve a solicitor.
What opposition was given at the planning meeting ? Can you appeal ? -
The property Information Form TA6, asks at 3.2 "Is the seller aware of any proposals to develop property or land nearby,...."
Presumably that form was answered "no".
It would be worthwhile looking at the planning application to see if the architect (or whoever) has dated the plans, or numbered them so you be certain the plans submitted were based on plans drawn up before the final property was soldComment
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I agree with Des8 but if the dates do not work in your favour then I would think there is little you can do. Did you object to the council? Call the project into the Planning Committee? Actively oppose the permission?Comment
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That is a really interesting article thanks EFPOM. All would seem to hinge on whether there is evidence that the landowner lied and did not simply change his mind after letting or selling all the property. Even then it would seem there is a fairly steep and expensive legal hill to climb...The impact on you other than the view from the garden would need to be much more in my opinion.Comment
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Not so sure about that comment regarding view.Originally posted by islandgirl View Post
Don't estate agents say that "location, location, location" (which includes view) has a great influence on price and saleability???Comment
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Once again a great read thank you Efpom!
As I understand it a house owner cannot protect a view unless there is a covenant in the deeds.- you generally have no right to your view in planning law.
This from https://www.samuels-solicitors.co.uk/news/right-to-view
"There is a long established principle in Land Law that an owner cannot protect a view from a property, unless the land owner can rely on a specific covenant (condition tied to the use of land) to protect it.First recorded in 1610, the right to a view law has ensured that any land owner can't protect a view from land that they own. This was confirmed recently in a dispute which took place in St. Catherine Bath, Somerset.One owner erected a fence to protect her cattle. The neighbours complained that the fence was only 4 inches from their window and this had ruined their rural view. An appeal was heard by the Planning Inspectorate who ruled that the fence should stay, so long as it did not exceed a height of 2 metres. The inspector found that the fence formed part of permitted development and said: “There is no doubt that a means of enclosure can be erected up to 2 metres high along all this boundary”. Therefore, unless you have the benefit of a specific covenant to prevent the loss of a view, in English law there is little you can do. This can be a real problem for potential house buyers, as a view can be one of the deciding factors when purchasing a property.
Location Location Location yes but buyer beware!Comment
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But the case above is about protection of a view.
The OP's case is possibly that information about proposed nearby development by the seller was deliberately withheld.Comment
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Yes agreed. But as I said earlier if they cannot prove that plans were made before the sale or that specific promises were made (in writing? Verified?) and if the dates of plans etc do not work in the OP's favour then I would think there is little they can do - their only objection can be the loss of the view....Comment
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Agreed , ... I never considered "loss of view" as a viable argumentComment
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