The “us” would have been Wimpey Homes Holdings Ltd but they don’t own anything on the development any more so they would not get involved now, so a friendly solicitor has advised me but he’s no expert in planning law. So the “us” would fall to the judge at the Lands Tribunal Court, I believe.
There are 6 apartments in the block, 3 one side a stair in the middle and three the other side. The flat I own is top left and the flat directly below has given consent to proceed. It’s the ground floor flats that are objecting the strongest. From the point that it would affect the look of the building but it’s the side wall where I would like to install the new opening where all the overflow pipes and boiler exhausts come out, not the nicer front or back of the building.
I’ve tried a couple of friendly letters explaining that the window will be of the exact dimensions of the one beside it and should make the building look more friendlier from that angle because some warm light will occasionally come from that bleak looking side of the building on dark nights. Also any issues with the new window will always be my responsibility.
No luck though the objectors are not budging, so the options I seem to have are:-
1. Don’t install the new window and give up on the dream of a lovely new view.
2. Apply to the Lands Tribunal Court for a waiver of the title condition would cost me roughly £3,000 if using an experienced solicitor or I could try making a mess of it myself for £500.
3. Tell the objectors that I’m just going ahead with the window installation and my solicitor details are xxxx and if they strongly wish to object then they should seek interim interdict which would probably cost them in the region of £5,000 and let the high stake poker game begin. Although I would be a little upset if the objectors won and I had to put the wall back the way it was along with paying my court costs and there court costs so totalling £15,000 to £20,000 would be a little sore to lose!
I’m starting to lean towards option 3 as what are the chances of people objecting that strongly to a bland window but the wife is leaning towards option 1
Thanks, DD.