The farm across the road from my house, has just been given planning permission to build a new milking parlour. Neither me or my immediate neighbours were consulted on this application. The detailed report which went to the local planning committee states, "the buildings would be viewed against the backdrop of the existing agricultural complex from all viewpoints surrounding the farm which satisfactorily mitigates against visual intrusion into the open countryside." This is simply not true, as the view from our properties will be blocked by the new building. Do we have any right to compensation? If so who do we claim it from?
Just as a point of interest, when my husband and I applied for planning permission to extend our house (side elevation), the occupants of the farm had a personal letter from the planning department to ask if they had any objection.
2006-10-12 01:50:49 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I should have said; this is in Cheshire, UK and the planning permission was granted in August 2006. My neighbours and I only found out about it when the construction work started.
2006-10-12 02:03:06 · update #1
You can check with your local government to see if you have any recourse, but I woudn't get my hopes up. "Views" aren't something that are highly protected. You could also check out your Township or City Ordinances/Building Code to see what they say about the situation (usually available from City Hall or public library). Perhaps the codes for rural building differ for residential vs. commercial in your situation, thus no notice was needed? I'm just guessing there. Go to your local official (it would be the Building Inspector where I live) and calmly ask him/her about the situation, and if you have any recourse. Find out the facts before you go any further. Most of the time, the procedures are followed, but maybe there was an error made. You will be more effective if you approach those involved in a professional, intelligent way than if emotions are stirred up and no one has the full facts of what is really going on.
2006-10-12 02:11:30 · answer #1 · answered by poppet 6 · 0⤊ 0⤋
Under U.K law you have no right to a particular view, as such you would be unable to claim compensation. The local authority is required to consider the impact on the local neighbourhood only. As there is a farm there anyway it is likely that the planning authority deems that this will fit in with the surroundings. There are major differences between the processes for planning residential developments and commercial ones (although I am not to clued up on them) I would suspect that this may be the reason behind your lack of a communication over the proposals.
2006-10-12 15:15:18 · answer #2 · answered by ligiersaredevilspawn 5 · 0⤊ 0⤋
You need to consult a local land use attorney, be very few jurisdictions guarantee a view. You should check to see if the planning commission followed the proper procedures. Most jurisdictions will require the surrounding neighbors to be notified of any plans that might have impact on them. There may be a chance for you to appeal the decision and have your concerns heard. Act soon, because you may have a limited time to appeal.
I cannot be more specific because you did not state where this occurred. Unfortunately, the laws vary by state and your will probably need to consult a local attorney rather than relying on any advice you receive in this forum.
2006-10-12 09:00:05 · answer #3 · answered by Carl 7 · 0⤊ 0⤋
Fraud usually destroys any agreement. Present your evidence of the farm's fraudulent claim to the planning commission. Also, notice of the hearing should have been made public. Else, this would be a violation of typical administrative law -- notice and opportunity to be heard.
2006-10-12 08:57:15 · answer #4 · answered by Brand X 6 · 0⤊ 0⤋
With our council, you can view (an object to) an application on line - perhaps you should see if yours does the same and object in the strongest possible terms. You should also ask your neighbours to do the same as there is power in numbers.
I suggest you also contact your local MP to see if they can help.
2006-10-12 09:00:06 · answer #5 · answered by Roxy 6 · 0⤊ 0⤋
if something or someone violates the rules of the agreement you can bring the case before the court and you can be compensation. It is possible to get legal advice in the nearby legal service.
2006-10-12 09:25:32 · answer #6 · answered by Abel M 2 · 0⤊ 0⤋
You have no rights for compensation. You have to write to the planning office with your objections.
2006-10-12 08:59:38 · answer #7 · answered by Annie M 6 · 0⤊ 0⤋
you have to put in writing that you object to the planning permission and your reasons for your objection. you should get a petition made up and get as many people to sign is as possible. then you will be heard and they have to change the permission as it is your home town,.
goodluck.
2006-10-12 08:53:15 · answer #8 · answered by london lady 5 · 0⤊ 1⤋