Developement Across Country Views Causes Loss of Value to Property, Can I sue?

[tommyc]

Planning permission has recently been granted for a 120 dwelling development on a Greenfield site by the Planning Inspector, (against the wishes of Parish, District and County Councils). This will be sited directly behind my property and will have an impact on my property value, (from long ranging country views of the Sussex Weald to 5 buildings directly along the border between my house and the field the development is to take place in as well as the further 115 crammed into the available space).

Does anyone know if I and or my neighbours can sue the developer for compensation for the inevitable loss of value that I/we will experience?

Your help is much appreciated.

[brian]

Well, I'm not sure if you can - would need a solicitor's input on this - but I'm curious as to how many people raised objections in the planning process?

[iamthecod]

Dear Tommyc,

Brian is correct you will need to seek advice on this, but again i would suggest counsel as opposed to a solicitor.

In regards to most land however the answer is simply no, you have purchased land or property which may enjoy a particular view, however you purchased this land knowing full well their is other land surrounding which, if developed upon may spoil such a view.

By purchasing the land you do not gain control over the surrounding land unless their are agreements or local legislation in place to say otherwise.

I hope this helps. It is only a rule of thumb and should not be used in place of real legal advice however, its pretty easy to find out if your in an area affected by such legislation or have such a covenant or agreement in your title register or deeds.

You may have a chance if their are agreements or covenants protecting you view but these are rare.