Higher Stowford Planning Application - Toller Beattie resists
The Application site would have almost certainly prevented our neighbouring client's property from being used for the purposes of spraying parlour washings onto their fields.
We were originally instructed in 2005, following the granting of Permission for the dwelling and were successful in having that decision overturned in the High Court. The matter went back before Torridge District Council Plans Committee who were again proposing to grant permission until they were forced to back down in light of our representations.
Not one to give up easily, the Applicant for the Planning Permission then applied for a third time for Planning Permission on the site. After considerable delay, where Torridge District Council produced expert reports from various statutory undertakers, the matter finally went back before the Plans Committee who incredibly decided to make no decision at all, and also refused to give reasons for not making that decision.
The matter therefore went before the Planning Inspector to finally determine the issue where we made strong representations against the development on various grounds, one of which was that to allow the development to go ahead would almost certainly result in a Statutory Nuisance Action, being initiated against our client. The Planning Inspector agreed and, not only were we successful in enabling our client to resist the development on his neighbouring land, we were also able to recover the majority of our costs of the Appeal before the Planning Inspector, which are only normally given in exceptional circumstances to third party objectors.
The Case is a reminder to all those involved in operations on their own property which might constitute a nuisance to neighbouring property, that they need to be vigilant in resisting Planning Applications on neighbouring land which may force them to close down operations. It is no defence in Law to say that you were there first and that others came to the nuisance.
For further information please contact Jon Dunkley 01271 341012
