Man wins £65k legal battle over home ‘prison’ fear.
A guy said he spent £65,000 on a legal planning battle because he thought his home would “feel like a prison” if a neighbouring house was built.
Paul Knights sued South Norfolk Council in the High Court after it granted permission in November 2024 for a dwelling to be built 4 metres (13 feet) away from his home in Gillingham, near Beccles.
The 59-year-old said the idea, put forward by his neighbours, would prevent “significant” amounts of daylight from entering his lounge.
The council contended that surveys commissioned by Mr Knights did not need to be examined, but the judge agreed and overturned the previously granted planning permit.
Local Democracy Reporting ServiceThe applicants stated in their planning statement that the development will “integrate into the surroundings without causing significant harm…avoiding any adverse impacts on the amenity of neighbouring properties”.
It went on to say that an additional home will “contribute towards the overall housing supply” in the area.
According to the Local Democracy Reporting Service, Mr Knights, a lorry driver who has lived in his property for 37 years, claims the new building will obstruct daylight from his living room and make his home ‘feel like a jail’.
During the planning process, he commissioned surveys and a rebuttal study, which showed that the planned home would considerably diminish the quantity of light allowed in via two of his living windows.
According to one assessment conducted by Right of Light Consulting (ROLC), the plans would result in a 66% reduction in light levels, which is much higher than the national guidelines’ maximum loss of 20%.
The assessment also stated that the development would “significantly affect amenity and negatively impact on living and working conditions”.
Mr Knights took the dispute to court, claiming that South Norfolk Council approved the plans without considering the surveys or opposition.
In response, the council contended that the ROLC report was not a substantial issue and that councils could not be presumed to have overlooked such evidence just because it was not stated in an officer’s report.
Ultimately, Neil Cameron KC, sitting as a Deputy High Court judge, sided with Mr Knights at a hearing in July, ruling that the officer’s report had failed to consider the problems raised in the light survey.
Following the verdict, Mr Knights won £34,000 in damages, which only partially offset the £65,000 he calculated he spent on legal fees. The matter will now go through the planning process again, but Mr Knights is not optimistic about his chances.
“The whole thing has been an absolute nightmare,” he said. “But I won’t give up, it’s going to have a serious detrimental impact on my quality of life.”
Read more on Straightwinfortoday.com
Comments are closed, but trackbacks and pingbacks are open.