We have a non-domestic building in which a business is run and it is built on land owned by our neighbour, we lease the land, and are attached to their building. Our neighbour now plans to build onto our external wall, bricking up all our windows along it's length. We were not notified when the plans went in and have been told they have now been approved. Can this really happen without any legal agreement and without planning officers discussing this. We suspect they may not have let on that our building was not owned by them. We have been told by our neighbour that he does not need our permission as he owns the land our building is built on, although he does not own our building. Can he really do this?
Can our neighbour really do this?
- Thread starter aarrgghh
- Start date
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Lots of potential issues here. I't not straightforward whether it is lawful or not
Check the actual planning application and speak with the case officer
Check your lease
Get some legal advice with view to an injunction, but you may have to be quick
Check the actual planning application and speak with the case officer
Check your lease
Get some legal advice with view to an injunction, but you may have to be quick
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just to clarify, why are you seeking legal advice on a business matter from anonymous people on the web, instead of consulting a solicitor?
what will you do if someone here gives you advice and swears it's true, but it isn't?
what will you do if someone here gives you advice and swears it's true, but it isn't?
One of the basic principles of the planning system is that anyone can apply for planning permission on any piece of land. For example, I could apply for permission to erect a scale replica of the Eiffel Tower in my next door neighbour's garden - and it's possible that I could be granted permission. However, I couldn't implement that permission without my neighbour's consent because he owns the land.
With that out of the way, there are three points arising from the OP's query.
1) If your lease on the land has seven or more years left to run, it would appear that the applicant did not serve the correct notice until Article 7 of the Town and Country Planning (General Development Procedure) Order 1995. This has led to a clear breach of your right to comment on an application in which you have a direct legal interest. You could, therefore, take the matter to the High Court for judicial review. Be aware that there is time limit on applying for judicial review (normally six weeks).
2) The local planning authority has failed in its duty to consult you on the planning application. Presumably its general policy is to erect a notice in the proximity of your site, advertise the application in the local newspaper and send out consultation letters. You may wish to ask the planning officer to provide documentary evidence to prove that this was done.
3) While JohnD and Thermo generally spend their time on DIYnot falling out over the merits of painting concrete fence posts, they're both quite correct in urging you to see a solicitor without delay. I suggest going to the Law Society website and seeking out a specialist in planning law rather than randomly choosing some bod from the Yellow Pages. As in all walks of life, there are solicitors who are worth their money, and those that aren't.
Best of luck.
With that out of the way, there are three points arising from the OP's query.
1) If your lease on the land has seven or more years left to run, it would appear that the applicant did not serve the correct notice until Article 7 of the Town and Country Planning (General Development Procedure) Order 1995. This has led to a clear breach of your right to comment on an application in which you have a direct legal interest. You could, therefore, take the matter to the High Court for judicial review. Be aware that there is time limit on applying for judicial review (normally six weeks).
2) The local planning authority has failed in its duty to consult you on the planning application. Presumably its general policy is to erect a notice in the proximity of your site, advertise the application in the local newspaper and send out consultation letters. You may wish to ask the planning officer to provide documentary evidence to prove that this was done.
3) While JohnD and Thermo generally spend their time on DIYnot falling out over the merits of painting concrete fence posts, they're both quite correct in urging you to see a solicitor without delay. I suggest going to the Law Society website and seeking out a specialist in planning law rather than randomly choosing some bod from the Yellow Pages. As in all walks of life, there are solicitors who are worth their money, and those that aren't.
Best of luck.
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