| Topic: | Re:Re:Re:13 storeys for Capsticks and Carlton Court | |
| Posted by: | Roland Gilmore | |
| Date/Time: | 23/12/10 11:31:00 |
| Yes, but the viewpoints can be subjectively chosen and may not be an actual viewpoint in reality. The views from afar are not as significant to residents as those in the shadow of the proposed development or those who would loose the pleasure of their current view. Taking into account the topography, to view "Swish" against the proposed development, you would probably need to be in a multi-storey building in Wandsworth, Fulham or Chelsea! Has the developer produced and submitted a simulation of the seasonal day time shadow his proposals will cause? After a landmark case in Leeds earlier this year, it is worth noting that if the light your property currently receives is affected (i.e. if the towers reduce the daylight your property receives currently) you may be successfull in suing the developer. The Leeds ruling resulted in the developer having to demolish most of the upper stories of his completed & occupied development. They also had to suffer the costs of obtaining additional accommodation for their tenant. Perversely, if WBC or any planning authority grants planning permission, they have no subsequent liability if action is taken against the developer in such circumstances. The developer carries the risk. The estimated costs in the Leeds case amounted to many £M. If you feel your property will be adversely affected, you should seek advice from a specialist surveyor in the first instance; the RICS can recommend. A "class action" obviously helps to spread the cost. |