Legal advice needed please

clarerachel01

Thank you everyone for your advice i will let the others know your comments, one of the neighbours have been in touch with the mps who have told us they did submit information for the hearing, a number of panel members did request this information before they made there decision and was told they was none so we do belive it could of changed the outcome, fingers crossed this will help our case
many thanks

steampowered

Judicial Review might be available in theory, especially if there was a muck up with the information, but it is difficult and it will probably be expensive. I imagine you would have to get a solicitor to look at the documents and would have to cough up wads of cash if you wanted to actually bring the JR.

You are supposed to object when the application is being heard. It is a bit too late to wait until permission has been granted to start raising objections.

I'm not a property expert but losing 20% of the value of your home because a petrol station is nearby? Sounds a bit of an exagguration to me.

dancingfairy

You might want to post on the house buying, selling and renting board as they seem to cover planning issues and things as well. Just post a link to this thread or mention that there is a thread running on here but that you would like further help and assitance from thoe who know.
Best of Luck
df

bod1467

steampowered wrote: »

I'm not a property expert but losing 20% of the value of your home because a petrol station is nearby? Sounds a bit of an exagguration to me.

Petrol? OP says Pumping station.

mo786uk

Based on watching the Planners show on BBC and re-iterating what the above poster says - don;t focus on house values - focus on why the decision was not made properly and/or why there is a better solution.

mommacrab

steampowered wrote: »

I'm not a property expert but losing 20% of the value of your home because a petrol station is nearby? Sounds a bit of an exagguration to me.

It's not a petrol station but a pumping station.

This is a new proposed pumping station which is much larger. The housing estate in question is built on a flood plain, building started on this estate in 2007, next to a major river, so there is a need for a new pumping station that will be able to cope in the event of another flood such as the one in June 2007. Whilst I have every sympathy for the house owners on this estate for their concerns over property value, loss of light etc, I feel that the pumping station is necessary.

clarerachel01

Hiya mommacrab

We have said all along that we agree there is a need for a pumping station but it can be built on the other side of the lagoon just metres away, they even have plans drawn up for it, reguarding the 2007 floods this new pumping station would not be able to cope with it they have confirmed this themselves, i have not come on here for a debate just for some advice on how to take things further, we have now had confirmation that paperwork that had been submitted has gone walk abouts and are now in the process of taking the matter further :T

Fire_Fox

Use valid planning objections during the process, these can be found on the Planning Portal and/ or council website. The more objections received the better, too many residents think because one person or organisation is objecting that is sufficient and don't invest the time into their own. If the lost paperwork was only sent by regular snail mail it's tough, it's the responsibility of individuals or groups to ensure objections are received not just sent out.

Not meaning to be rude but your posts are really difficult to read - try using shorter sentences, more full stops, fewer commas, shorter paragraphs. That helps the planning committee get the sense of what you are trying to say.

mommacrab

clarerachel01 wrote: »

Hiya mommacrab

We have said all along that we agree there is a need for a pumping station but it can be built on the other side of the lagoon just metres away, they even have plans drawn up for it, reguarding the 2007 floods this new pumping station would not be able to cope with it they have confirmed this themselves, i have not come on here for a debate just for some advice on how to take things further, we have now had confirmation that paperwork that had been submitted has gone walk abouts and are now in the process of taking the matter further :T

Hi

Sorry, I wasn't trying to debate at all.

You've mentioned a couple of things that I didn't know, such as the plans for the other side of the lagoon - it's information like this that a lot of local residents don't know about. Perhaps if this information had have been readily available to everyone then you might have had more people raising objections during the appeal. Unfortunately the media hasn't helped your case because they only seem interested in showing interviews that have residents complaining that they won't be able to sell their houses now.

Good luck with the next stage of your campaign, although I'm not sure where you go from here after the appeal was lost. I hope someone who has knowledge will show up on here to help.

Equaliser123

Judicial review would be EXTREMELY expensive as it is to the High Court. Assume tens of thousands of pounds. Plus cost implications if you lose.

You would also need to have a finding that the decision was wrong. Not just that they should have looked at the objections. Otherwise, you risk the decision simply being made once again after the objections are looked at but dismissed.