If a neighbour is granted planning permission for a development to which you object, you might think that there is nothing you can do about it. However, a case in which a garden house-building project was thwarted by a judge shows that this is not necessarily so, and illustrates the benefits that can be obtained through the use of expert legal advice.
A householder was granted planning consent to construct a bungalow in the garden of his home on a small housing estate, but faced objections from other residents who were concerned that their rural views would be jeopardised.
They pointed to a covenant in a conveyance which dated back to the 1970s, when the estate was built, which forbade residents from making any use of their properties which might cause an annoyance or nuisance to their neighbours.