Can I stop development by my neighbours?

If you wish to prevent a new development, there are two areas that may allow you to challenge, planning law and property law.

If the development is of a scale that planning permission is required (and you are sufficiently close to your neighbour's property) you should receive formal notification of the application for planning permission. This will explain how you can make objections to the planning authority.

Property law can also be invoked in addition to, or in place of, a planning permission objection. If the proposed development would breach a condition in your neighbour's title deeds (e.g. a prohibition on new buildings), there may be scope to take court action. However, in addition to a condition being breached, it would need to be established that your own title deeds gave a basic power to take action. Additionally, it would need to be established that you stood to suffer a material loss of value or enjoyment from your property if the breach took place. If these facts can be established it may be possible to prevent the development happening.

Both the planning and property law grounds require you to take action within strict timescales. Accordingly, should you become aware of a development you wish to challenge; you should seek legal advice immediately.