New Build blocks view

someanonbloke

Hi, without going into too much detail, the situation is that I live in a flat above a shop with a view to the rear which overlooks a park.  Recently, there has been a new block of flats built to the rear of the property, which now blocks the view of the park from the property.  Also, there is a fundamental lack of space in the surrounding area to accommodate the new occupants i.e. no parking spaces, very small road access - motorists always getting into arguments at the access road to the rear etc because of the lack of space, delivery drivers always backed up etc etc.  It seems the permits for the building were pushed through very quickly by the local authorities and any challenges made by existing residents completely ignored.

At the time challenges were made by other residents in the area I was out of the country and so unable to initiate my own challenge.  I was wondering if people could direct me to any case law where people have made similar challenges and what kind of decisions were made.  Thanks. 

KatrinaWaves

Do you think they are going to knock down some already built flats so you can look at the park? 

Infrastructure concerns will be dealt with by the highways department, not brought up by local residents. 

You have literally zero chance of changing anything. They’re already built! 

lincroft1710

someanonbloke said:

Hi, without going into too much detail, the situation is that I live in a flat above a shop with a view to the rear which overlooks a park.  Recently, there has been a new block of flats built to the rear of the property, which now blocks the view of the park from the property.  Also, there is a fundamental lack of space in the surrounding area to accommodate the new occupants i.e. no parking spaces, very small road access - motorists always getting into arguments at the access road to the rear etc because of the lack of space, delivery drivers always backed up etc etc.  It seems the permits for the building were pushed through very quickly by the local authorities and any challenges made by existing residents completely ignored.

At the time challenges were made by other residents in the area I was out of the country and so unable to initiate my own challenge.  I was wondering if people could direct me to any case law where people have made similar challenges and what kind of decisions were made.  Thanks. 

Prior to planning permission being granted, local residents who would be aggrieved by its granting could object. But objecting would not automatically lead to pp being denied. 

The building is now a fait accompli, your time to object has long, long passed and even if you had objected, it would probably been overruled. Sorry but you will have to live with the view of the flats and not the park

anselld

https://www.bbc.co.uk/news/world-asia-india-51076897
... no chance here though!

AdrianC

someanonbloke said:

It seems the permits for the building were pushed through very quickly by the local authorities and any challenges made by existing residents completely ignored.

I very much doubt that the planning permission process was anything other than absolutely normal - and the objections made would be taken into account... but "I like my view" is not a legitimate objection.
https://www.designingbuildings.co.uk/wiki/Planning_objection

The traffic issues would have been taken into account - if they were thought relevant, the developers would have been asked to pay a contribution towards development of the infrastructure. Local authorities really like doing that where they can, because it brings money in...

davidmcn

someanonbloke said:

I was wondering if people could direct me to any case law where people have made similar challenges and what kind of decisions were made.

There'll be no relevant case law because the only thing you could really do after permission is granted would be to launch a judicial review (if there were any grounds to do so), and there's a short time limit to start that which you're (I presume) well beyond now if the development has been built.

In any event, you don't have a right to a view, and views don't tend to be treated as legitimate planning considerations (unless there's something particularly important about them, and I doubt the view of a park from a flat above a shop is going to be one of those).

someanonbloke

AdrianC, thanks, lots of helpful information there.  As for the other replies who seem to be indulging schadenfreude at the little person's rights being walked over by property developers and local councils trying to make quick money, you need to think more clearly about what Common Law is and why it's important to protect little people's rights.

davidmcn

someanonbloke said:

you need to think more clearly about what Common Law is and why it's important to protect little people's rights.

Not sure what point you're trying to make. Your common law remedy would have been judicial review. As above, you're out of time for that (not that the information you gave suggested there would have been a case).

Comms69

someanonbloke said:

Hi, without going into too much detail, the situation is that I live in a flat above a shop with a view to the rear which overlooks a park.  Recently, there has been a new block of flats built to the rear of the property, which now blocks the view of the park from the property.  Also, there is a fundamental lack of space in the surrounding area to accommodate the new occupants i.e. no parking spaces, very small road access - motorists always getting into arguments at the access road to the rear etc because of the lack of space, delivery drivers always backed up etc etc.  It seems the permits for the building were pushed through very quickly by the local authorities and any challenges made by existing residents completely ignored.

At the time challenges were made by other residents in the area I was out of the country and so unable to initiate my own challenge.  I was wondering if people could direct me to any case law where people have made similar challenges and what kind of decisions were made.  Thanks. 

Far far far too late. 

wilfred30

someanonbloke said:

AdrianC, thanks, lots of helpful information there.  As for the other replies who seem to be indulging schadenfreude at the little person's rights being walked over by property developers and local councils trying to make quick money, you need to think more clearly about what Common Law is and why it's important to protect little people's rights.

You don't have a 'right' to a view and that's all there is to it.

So, if you don't like it, your only choice is to move.

someanonbloke

Not sure what point you're trying to make.

Oh really, but you seem to understand the law very well?