Can I object to the "reasonable development" near my home

Earlgrey

Hi all,

Really appreciate if you can please give some advice.

Briefly I have purchased a house with a neighbour land that will be further developed. The seller asked me to agree that I should not be against "any reasonable development" on that land and eventually I signed the contract as the building plan I have seen looks ok.

The plan was then rejected and the builder now submitted another plan that is much larger than the previous one. The building will be immediately against the joint fence. I am quite unhappy about it and want to object to it as I don't think this is "reasonable". In case I object does it count as breaching contract with legal troubles coming lately?

My solicitor is catching up the case and I am wondering if you can please already give some advices.

Thanks a lot.

AdrianC

Is "reasonable" defined in any way in the contract you signed?

TBH, if the first plan was rejected, I'd be surprised if a LARGER plan was then accepted.

Earlgrey

AdrianC wrote: »

Is "reasonable" defined in any way in the contract you signed?

TBH, if the first plan was rejected, I'd be surprised if a LARGER plan was then accepted.

Nothing has been defined as "reasonable" for sure.

The previous design was rejected as well as the following appeal.

I was surprised as well that they quickly re-submitted a larger and even taller plan. However local councillors gave some feedbacks that they think the new design is better in terms of outlook and might approve it.

I do plan to object to it as well as all the neighbours around the land but need to worry more about the contract and associated legal issue.

AdrianC

Earlgrey wrote: »

Nothing has been defined as "reasonable" for sure.

Well there y'go, then.

If it was "reasonable", you wouldn't be objecting to it.

So, if you're objecting, you clearly don't see it as reasonable, so you're not in breach of the contract.

I do hope his solicitor didn't charge him much to insert that clause.

martinsurrey

If the plan get approved AND you have objected, it come come back to bite you.

easy to agrue that anything that gets planning permission is "reasonable".

however, the contract seems vague and if he getting planning anyway, he has lost nothing so he cant demonstrate a loss, so what would he sue you for?

skiptalker

n.i.m.b.y.

Earlgrey

AdrianC wrote: »

Well there y'go, then.

If it was "reasonable", you wouldn't be objecting to it.

So, if you're objecting, you clearly don't see it as reasonable, so you're not in breach of the contract.

I do hope his solicitor didn't charge him much to insert that clause.

Many thanks.

I just got words from his solicitor (very strange that he could know my intention) that in the case I object, they will bring the issue to court as I did not object to the previous plan that they think is the similar to the current one (clearly NOT the case!).

I am not afraid to present in the court but just too busy to deal with this.

Sorry I have to say I am naive to the law/legal system. But for the worst case if they sue me and I have to fight on the court can I ask them to pay me back the lost hours I spend on as well as my solicitor's cost?

AdrianC

They're trying to frighten you. Do you have legal cover on your house insurance, or does your employer offer any kind of helpline?

Earlgrey

AdrianC wrote: »

They're trying to frighten you. Do you have legal cover on your house insurance, or does your employer offer any kind of helpline?

I do have legal cover but not sure how much the insurance company can help. I called them and they are just busy and ask me to call back.

I will check with my employer then.

Thanks again.

Doozergirl

What I don't understand is that neighbouring objections carry little weight in making decisions, it just makes people feel better.

Send your objection in someone else's name.

stator

Get your solicitor to look over the agreement you signed and advise you however it sounds like you should be able to object. Do so on specific grounds, do a little bit of research into what grounds might be accepted for the objection