New Development Breach of Planning Conditions

A

alex01

Guest
I bought a new home two years agos, this house backs onto a busy road - which has become even busier in the past two years. The noise coming from the road and from a commercial development close by has become unbearable at night. While checking the planning conditions I discovered that the building line should not be closer than 8 metres to the road. I would say there are only 3 or 4 metres between my house and the road.

Do I have any comeback at all - We are considering putting in sound-proof windows upstaires and planting trees to absorb some of the sound. Legally, can we hold the developers liable for some or all of this extra cost?

Any legal advice at all would be great.
 
I find it hard to imagine that someone would risk building an appartment block 3 or 4 meters from where they got permission as they would be risking having to pull it down.
Someone had to sign off that it complys with planning. If it does not then you have a serious case but you should check your facts.
 
hi planning usually given from centre of road which may account for extra metres
 
It isn't an apartment block - it's a house which backs onto a busy road, I will recheck the planning conditions to see if it specifies the middle of the road. Thanks
 
Have just checked - the building line "should be a minimum of 8 metres from the edge of the public road"

I would really appreciate any more advice.
 
In the first instance you had better check if the developer is still in business !! And also you need to check the Insurances of the developers and your own policy in the case that the house has to be pulled down.
 
I assume that's a "worst case scenario" - but could that decision be made? The developer is still in business and selling houses of exceptionally high standard. We love the house, have settled on the estate, and would prefer to seek a less dramatic remedy.
 
alex01 said:
I assume that's a "worst case scenario" - but could that decision be made? The developer is still in business and selling houses of exceptionally high standard. We love the house, have settled on the estate, and would prefer to seek a less dramatic remedy.
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Talk to your solicitor.
Planning Permission forms part of the title documents of the your property and caveat emptor doesn't apply to it - i.e. someone is to blame (the developer or whoever signed off).
Your house is also currently an unauthorised development since it is not in compliance with the Planning Conditions. You can seek Retention permission (which you will probably be granted, though you have no guarantee).

I don't believe the fact that you are only 4m away from the road in and of itself is grounds to sue the developer however - unless you bought off plans.
 
If you ever want to resell you will need to comply with planning so no matter how much you love it you have to sort it out.
 
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