What happens if a neighbouring property applies for a change of use? Lydia Wawiye offers her legal knowledge to a reader concerned about plans for a children’s home next door
The Question
I purchased my property three months ago and the house next door is on the market for sale.
I have just had a letter from the council to announce they have received plans from a company who wish to change the premises into a home for children aged between seven and 18. What shall I do?
Lydia’s Answer
The starting point would be to look at the plans and proposed alterations. How big is the accommodation, what are the proposed alterations, how many children are likely to be re-homed at any given time and the number of staff proposed to supervise them.
You can obtain this information from the Council’s website. Alternatively, you can contact the Council directly to request a copy of these documents.
You will want to know who will be running the home – have they or do they own other residential homes and if so is/was this properly managed. Therefore, you should check the background of the company that has submitted the application.
You can start by obtaining information from Companies House website. You should be aware that the application may have been submitted by an agent on behalf of the buyer.
I would also speak to other residents to find out how they feel about the proposed development.
If you are unhappy with the proposed alteration and wish to object, then you must do so formally to the Council. There are strict timescales in which to respond to the planning application. This is usually 21 days after the letter was sent or notice displayed. If the application is granted, then you can complain to the Ombudsman or instigate Judicial Review proceedings if you feel the Council has erred in law, but the latter can be very expensive.
Lydia Wawiye is an employment law solicitor at Parfitt Cresswell
Lydia Wawiye is an employment law solicitor at Parfitt Cresswell
Lydia has over 13 years of Post-Qualified Experience (PQE) and currently spearheading the Litigation Department at Parfitt Cresswell’s Uckfield Office.
Lydia’s expertise encompasses a diverse array of litigation fields, including property disputes, landlord and tenant conflicts (both commercial and residential), contentious probate, TOLATA (Trusts of Land and Appointment of Trustees Acts), professional negligence, consumer credit, construction disputes, as well as employment and contractual conflicts.
Read Lydia’s profile here. If you would like to ask Lydia or one of her colleagues at Parfitt Cresswell a legal question connected to your home or related finances email kate.saines@emap.com
