It is the building owner or the contractor's responsibility to ensure that the necessary consent is obtained from the local planning authority. Under the section 9 of the Planning Act of 1990, the local authority has the power to prosecute those carrying out building work without obtaining consent.
A prosecution is not particularly common, but planning disputes often occur when the authority fails to grant planning permission or allows it with unfavourable conditions. Planning disputes also arise between homeowners under other different circumstances, most of which can be solved amicably without locking horns. If not, the resolution needs to be handled with sensitivity at all times.
Party wall disputes
Party wall disputes are a common reason for planning disputes. In essence, a party wall is a wall shared by you and your neighbour. In most cases, the wall is shared within the property, but the term could also refer to boundary fences. If your neighbour intends to carry out a project that affects the party wall, you have every right to appeal if the local authority grants planning permission, or if your neighbour commences work before permission is granted and sufficient notice given in accordance with the requirements of the Party Wall Act 1996.
We are experienced in the complexities of planning disputes, providing valuable advice to our clients, be it adjoining owners, building owners or developers. In particular, we have years of experience in party wall disputes and negotiations, particularly in London.
We provide pragmatic advice when it comes to listed building consents and appeals, both in informal and formal hearing. We strive to provide you with the outcome you are seeking for your project.