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[–]JustanLPCstudent 2 ポイント3 ポイント  (2子コメント)

Have you thought about enforcing your easement in court yet rather than appealing against the planning permission decision? I'm not sure if that would be quicker, but I know councils like to drag things out. Also, it is another safety line you can rely on if your appeal fails.

You need to get a surveyor to come around to do a daylight/right of light assessment I believe if you want to proceed either way.

1) For planning permission, you can use your daylight assessment results as an objection.

2) For the breach of right of light, the surveyor should be able to tell you whether it would constitute a breach and whether it is actionable.

If you decide to seek a remedy from the court, they may be able to order an injunction for the breach and ask your neighbour to take it down. However, before you do that, you should get a solicitor to send a letter before claim along with the surveyor report showing that there is an existing breach. Hopefully that will scare your neighbour into complying with your request without court action.

[–]WasteOfWood2017[S] 1 ポイント2 ポイント  (1子コメント)

Honestly, I didn't think it was possible to be enforced in court, I thought the only way to take it to court would be to appeal it so it would end up in the court of appeals. But I guess one way or another, I'll have to get in touch with a solicitor

[–]JustanLPCstudent 3 ポイント4 ポイント  (0子コメント)

Well planning permission and easements are two completely different things. Easements are legal rights that you have over your neighbour's land, and planning permission is simply something you have to obtain from the council in order to build.

You can have planning permission for the lean-to , but if it breaches your legal right then you can still require it to be removed. The council will play no part in this because this is your right vs your neighbour's right. Whereas if planning permission is not obtained, it would be the council taking enforcement steps because it is the council vs your neighbour.

Yes, it would be wise to visit a solicitor. They can probably recommend some surveyors.

[–]LegalUK 2 ポイント3 ポイント  (3子コメント)

You need to pay for an expert to draft a sober balanced letter if you want to win. Not use language like above. They know the words to drop and phrases to use. Will cost a few hundred, but cheaper than moving and loses value on your house.

[–]WasteOfWood2017[S] 1 ポイント2 ポイント  (2子コメント)

I thought it would come to that. Thanks a lot. Is there anything in particular that they'd be able to do, even though the permission has already been granted?

[–]InnocentManWasBenned 1 ポイント2 ポイント  (0子コメント)

Phone up some specialist solicitors and ask them.

Before they're allowed to take you on as a client, solicitors have to think you have a case and explain how they can help you - that means that they have to discuss your situation with you, so they understand what's happened. They will then explain what your recourses are - write a letter, contact the planning authority, take it to court or whatever.

You are entitled to interview a few lawyers for the job - by the time you've done so, you'll have a pretty good idea of your position.

I've written previously - here and here - about finding and choosing a solicitor.

In your situation I would google terms like "planning lawyer uk" and "neighbour dispute solicitor" to find specialists. I would definitely choose someone who specialises in this over a high street solicitor - the specialists' knowledge of their domain gives them an advantage. They "know all the tricks", in effect.

[–]wambampram -1 ポイント0 ポイント  (0子コメント)

Once planning permission has been granted it's not possible for a third party to challenge it

[–]plopmofo 0 ポイント1 ポイント  (0子コメント)

Right to Light is difficult and costly to prove that an injury has taken place.

Even if everything went in your favour getting the structure removed would not be straightforward.

You may want to check the title deeds of your house and your neighbours. There may be items within that prevent your neighbour building in that manner or prevent you from gaining a right to light