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Pre-development advice - home development solicitors

Before the development of any property, it is essential to consider a range of factors, such as planning permission, environmental impact, and potential legal issues. In some cases, disputes can arise even before the development process begins, and it is essential to understand these pre-development disputes and how they can be resolved.

Who we help

We assist those facing objections to their development work or those opposing it and have extensive experience of both

Why choose us?

We have a wealth of expertise to ensure the proposals are being considered from all potential legal avenues. We can act quickly to resolve issues before any development takes place. If necessary we have expertise in obtaining emergency injunctions to prevent any building works taking place or continuing.

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Planning permission disputes

Planning permission is an essential requirement for any development project in the UK, and obtaining it can be a complex process. Disputes can arise over planning permission, such as objections from local residents, concerns over the impact on the environment, or conflicting planning policies.

If a dispute arises over planning permission, it may be necessary to appeal the decision or seek legal advice to resolve the issue. It is also worth noting that planning permission can be subject to conditions, which must be met before development can proceed.

Rights of way disputes

Rights of way are a legal right for people to access certain areas of land, and they can be a contentious issue for developers. Disputes can arise if a proposed development would impact an existing right of way, or if the development would block access to a particular area.

If a dispute arises over a right of way, it may be necessary to negotiate with the affected parties or seek legal advice to resolve the issue.  An understanding of the extent of the right of way and who benefits from the right of way is necessary to ensure all potential disputes have been resolved.  

Boundary disputes

Boundary disputes can arise if there is a disagreement over the location of a property boundary. This can be particularly problematic for developers, as it can impact the size and location of a proposed development.

If a boundary dispute arises, it may be necessary to seek legal advice or engage a surveyor to resolve the issue. It is worth noting that boundary disputes can be complex, and it is essential to seek professional advice.

Environmental disputes

Developments can impact the environment, and disputes can arise over potential environmental impacts. These disputes can include concerns over pollution, noise levels, and the impact on wildlife and habitats.

Pre-development disputes can be complex and can impact the success of a development project. It is essential to consider these potential issues before beginning any development work and to seek professional advice if a dispute arises. By doing so, developers and their neighbours can ensure that their projects proceed smoothly and without any unnecessary delays or setbacks.

What should I do if I want to dispute a pre-development?

If you want to dispute a pre-development issue in the UK, it is important to seek legal advice and guidance as early as possible. The specific steps you should take will depend on the nature of the dispute, but here are some general steps that may be helpful:

Identify the issue: Firstly, it is important to identify the nature of the dispute and the reasons why you are objecting to the proposed development.  Do you need legal assistance to ensure your rights will not be impacted?

Contact the developer: You may wish to contact the developer to discuss your concerns and see if an agreement can be reached. If you do this, it is important to keep a record of any discussions or correspondence.

Contact the local planning authority: If you have concerns about planning permission, you may wish to contact the local planning authority to discuss your objections.

Consider mediation: Mediation is a process in which an independent third party helps both parties to reach a resolution. This can be a cost-effective and efficient way of resolving disputes.

Seek legal advice: If you are unable to resolve the dispute through negotiation or mediation, you may wish to seek legal advice. A solicitor can help you to understand your legal rights and advise you on the best course of action.

Appeal the decision: If the local planning authority has granted planning permission, and you are unhappy with the decision, you may be able to appeal. There are strict time limits for making an appeal..

It is important to act quickly if you wish to dispute a pre-development issue, as there are often strict time limits for taking action.  If a development goes ahead and you fail to object it can then be very difficult to have anything changed. Seeking legal advice as early as possible can help to ensure that you are aware of your rights and can take the most appropriate course of action to resolve the dispute.

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