Q&A - Can we sue local planning department for eyesore that has devalued our homes?

Q:    I live in one of eight houses that have faced open ground since their construction in the 1980s. Beyond the open ground is protected woodland sloping to a disused railway track walk. In 2013 planning permission was granted for a 2-storey house that still afforded us the woodland views. However, the owner added another storey without permission. He also erected 3m high wire fencing that encroached onto the road. We contacted the council several times, informing them what was going on and how the site was an eyesore.

A year later they issued an enforcement order which the owner ignored. Eventually the planners sent in bulldozers and the landowner has not been seen since. Three years on we still look out on an overgrown rubble site, and passing vehicles have to pull out around the fence. Worse, our property values have dropped. Could we, the owners of the eight houses, sue the planning department for allowing this to happen?

A:    It does sound as if the local authority could have acted sooner and, more effectively, It would however be a complex case to bring as the local authority would undoubtedly argue that the landowner is the one responsible and that they did take enforcement action.

In the first instance you should gather as much evidence as possible and put together a timeline of events. Include notices you received in respect of the planning application and public copies of the application and permission granted. Planning permission is normally required for a fence or wall over 2 metres or 1 metre if it borders or adjoins a public highway used for vehicles. It could be argued that the council was remiss in allowing the fence to be erected and remain for several years. As negligence claims must usually be brought within six years you should present the full facts and consult with a solicitor for advice as soon as possible.

Article 19/10/2020

This question has been answered by Rod Waters, a Senior Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  In accordance with government guidelines, most of our lawyers are currently working remotely which means you may not now receive a response as promptly as you may expect. Please kindly bear with us and we will respond as soon as we are able.

Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry, please use the ‘Contact us’ form on the website or call Wrexham 01978 291456 or 01691 659194 Oswestry. As a firm, you will appreciate that we are still extremely busy, and whilst our colleagues are well equipped to work remotely, due to current circumstances work may be interrupted – however cases are still ongoing and will be prioritised by urgency and need. Stay safe and thank you for your support.

Rodney Waters

Rodney Waters

Senior Solicitor

Part our of Civil Litigation and Personal Injury team in Wrexham

James Denton

James Denton

Solicitor

Solicitor in our Civil Litigation and Conveyancing departments in our Oswestry & Wrexham office.