Compensation is not limited to merely compulsory purchase and blight notices and purchase notices, it may also be obtained for maladministration by local planning authorities and third parties who have infringed legal rights, including Human Rights and Common Law. If you believe that you are entitled to compensation, or someone is claiming compensation from you as a result of development, you need prompt and expert legal advice. We can help you.
When Is Compensation Payable?
There are a wide variety of levels of compensation and instances where it may be appropriate to seek it. Rights to light, loss of easement rights, potential development prospects, lost chance, diminution in property values - the list is almost endless. If you think you have any right to compensation, or believe you might be liable to pay it, let us help you. Browse more information on planning law for developers, businesses and landlords.
Common Issues Requiring Compensation
Compulsory purchase orders are probably the most common and straightforward way to receive compensation, to the point that many of our clients need to enlist our help to quash a CPO and retain control of their property. It is also common that clients will enlist us to represent them in the Lands Chamber. Compulsory purchase orders are complicated, but the government has fantastic introductory information available here. Blight notices may be served on a property that has been subjected to a CPO, but they may also be served in other circumstances, such as if a nearby motorway is to be widened or gas lines are to be laid on property that you own.
Rights To Light
Rights to light are a very complicated and common issue that may lead to compensation being paid. If your light has been significantly reduced by a neighbour's build, you may be entitled to some degree of compensation. We have informal resources on right to light available on our site, as well as some more formal resources for right to light and loss of light. These may clarify some of the more common questions you have, but for a complete picture we'd always recommend contacting us directly.
Private Nuisance
Private nuisance compensation is often linked to environmental factors such as fracking, dust, fungus or noise caused by an inconvenient new neighbour. Private nuisance is a particularly arcane sub-section of planning law, so if you are considering investigating whether you can obtain compensation due to issues around private nuisance law, you should probably ask us for some free advice first. If you choose to pursue the case, we'd also recommend using our legal services. Famous subjects of landmark private nuisance cases include Canary Wharf Ltd and the East India Company itself.
Maladministration
Successfully getting compensation for maladministration might appear at first glance to be relatively rare, but in practice local councils may agree to a substantial local settlement rather than have it be on record that they have paid compensation for maladministration. Financial redress for maladministration should cover any extra costs caused by maladministration as well as recognise the impact of the poor service on the customer.
As experienced planning lawyers, we have great depth of knowledge in these areas, and are able to obtain extremely satisfactory levels of compensation for our clients.
How Can I Get Compensation From A Planning Authority?
There is not generally a standard form for compensation from planning authorities, as problems are complex and usually require legal help to negotiate.
Compensation from planning authorities is only rarely applied for in a straightforward, one-size-fits-all manner. Typically, you will need to talk to a planning lawyer to see if you have a case and find out how best to press it.
Would You Like Our Help?
There are often areas of potential compensation that are overlooked even by the most experienced in the field. With many years of expertise in all planning matters, we can ensure that you are fully aware of your rights.
Please call us on 01634 811 118, complete our online enquiry form, or email our planning law expert Nicholas Kingsley-Smith.
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