Cinema extension adjoining flat?

by Readers Question

8:07 AM, 1st March 2020
About 8 months ago

Cinema extension adjoining flat?

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Cinema extension adjoining flat?

Good morning. I own a flat that is situated above a cinema, arts workshops, meeting rooms and bistro. The cinema have applied to extend by Building on the council owned car park.

The council I understand we’re are the ultimate landlords and were involved and built the cinema and flats ? ( not sure where the freeholder was involved in the the build process) The freehold was changed within the last few years.

I only found out from a friend that the cinema was extending. I spoke to the planning officer who advised that letters were sent to the occupiers in December 2018 with a request that it be passed on to the landlord. Unfortunately my property will now have reduced light, suffer from the rooftop garden, bar and of course there is a security risk as the balcony is likely to be accessible from the rooftop bar .

The council contact me at my address for all other matters . It seems inappropriate that the council’s obligations are satisfied by sending to the occupiers.

Any views regarding the council’s obligations would be much appreciated.

Paul


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Comments

Laura Delow

10:33 AM, 7th March 2020
About 8 months ago

This won't be an answer you want to hear but here goes my understanding:-
When a planning application is submitted to the local planning authority, they are obliged to publish the application in the newspaper and perhaps elsewhere.
The public has a few weeks to comment on the application
A decision is made on the application, usually within eight weeks of it being submitted
If you have only just heard about the development and they've already granted permission, you have no right to appeal against it as only the applicant can appeal post decision i.e. there is no third party right of appeal for other people who disagree with the local council’s decision.
What you need to do is check they followed the right procedure and properly publicised the planning application.
Legal challenges cannot take into account whether the decision was right or not in planning terms, only whether regulations and conventions about making decisions were properly followed. However challenging a planning decision in the courts is a difficult and costly process, and should not be undertaken without specialist legal advice.


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