Re: Re: Objection Laws
firstly, in relation to the substance of your objection, the right to light argument is a very difficult one to claim. It’s related to level of daylight, not to sunshine and is therefore very different to overshadowing. A 10m distance seems to me, enough to be honest, but without full knowledge of the site, it’s impossible to make a definitive comment. I presume however that the development conforms to site development standards in this regard. The drainage issue does seem crazy to allow happen and should not have been permitted. However, it’s done and dusted for now.
The site notice issue is certainly worth pursuing. Again, I don’t want to give a definitive legal opinion on this but it does seem wrong. Did the council accept your contention that the site notice was inadequate? i know officially they validated it so they’ve endorsed the location of the notices but in the intervening period has your opinion been accepted by others? If so, i believe any decision by a local authority is also open to judicial review. If a member of the public believes that the legal provisions of the planning act were not adhered to, it can be challenged in the courts and be annulled. Please, anyone reading this with any info, help out coz i don’t know enough about this. In this manner, the grant of permission no longer stands and it’s back to square one. It’s an expensive lengthy process.
You have to prove to a judge when applying for leave for judicial review, that basically the law was broken. The act or regulations describes where and how site notices should be displayed and you’ll have to prove this was not the case. If successful in your application, a case is heard, and depending on the outcome, the grant may be quashed.
The newspaper notice issue is fairly common. Although the Council provides a list of acceptable publicaitons so once it’s in one of them it’s ok. Applicants understandably go for the cheapest, which is usually the one with the lowest readership…