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de-valueing a property

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  • de-valueing a property


    im in the process of seeking planning permission for a single storey side extension to be used as a garage.
    my neighbour has objected on the grounds of de-valueing his property and will seek compensation if the building goes ahead, i havent heard of this before but wondered if this was possible, afterall it has to be passed first and if passed i would have thought it would be acceptable according to the council planning officers
    any comment appreciated

  • #2
    I am not sure why he would think this would devalue his property. But then I am not to sure why he said that. I am kind of confused also on why he thinks this.


    • #3
      I think if the council provides planning permission, then it would be difficult to see how such an argument could be sustained. However, I don't have much experience with this, so I'd definitely ask the council about it - namely, if they approve consent, whether it's possible your neighbour could seriously take legal action against yourself.


      • #4
        yeah thanks guys
        i dont know what ive done to upset him, i did it all properly by talking to him about the plans before submitting them and everything, now hes starting to get a bit personal with his objection letters, just makes me want the extension more if you know what i mean, if it gets refused i'll carry on until i get a design passed, hes just trying to be as awkward as possible, nothing better to do i guess
        anyway, thanks again


        • #5
          I hate when neighbors get like this especially when all along you have gotten along. Just makes things that much harder.


          • #6
            Here, we have issues like this daily. There are certain things that you do on your property that CAN change the value of the neighbors property. The only issue I am seeing with yours is that any "add on" should RAISE the value of the neighbors property. The only thing that I can think of is maybe the zoning is too close. You might see if there is anything that states what the length is from your add on to his property line... This might be something that could simply be moved slightly.


            • #7
              In itself, devaluing a nearby property is not a reason for planning refusal.

              The Council might refuse because of loss of light or privacy or because the building will look hideous and out of keeping with the street.

              If it is in England & Wales, unless he can show a right to "ancient lights" in that there will be an actual loss of light to windows in his house then I can't see how he has any claim at all for loss of value.

              As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients
              RICHARD WEBSTERwww.rwco.co.uk
              As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.


              • #8
                and keep it on a friendly level, as hard as it may be. Even if he is getting personal don't you go that low.


                • #9
                  If planning permission is granted then your neighbour will have no grounds for legal action on that basis alone. If you think about it, they would also then be able to sue the council. And you have a democratic right to improve your house as long as the adverse impact on neighbours is not excessive.

                  Planning permission is very likely to be granted depending on circumstances - a good architect will guide you through this issue.

                  Bottom line is to keep the lines of communication open with neighbours. He is understandably concerned about the potential impact of the development. So just reassure him and keep him appraised of the design and works progress.

                  For your neighbour to threaten legal action first off is somewhat irrational. So you may have a loony neighbour on your hands. In which case, ignore the above advice and advice him that you will defend any action with utmost vigour using your brief and reserve the right to countersue for harasment, costs, etc!


                  • #10
                    Good comments.