Ms Ameena, a 63-year-old Bradford resident who required advice from planning solicitors in Bradford with limited English, faced a planning permission dispute after carrying out work on her home without realising permission was required. Bradford Council sent repeated notices over five years stating no planning permission existed, causing confusion and distress.
Aldwych Legal stepped in to review the situation, assess the merits of retrospective planning permission, and examine the council’s conduct under Planning Permission Disputes and Local Government law.
What Happened
Ms Ameena sought retrospective planning permission, submitting detailed drawings and independent architect reports in good faith. Despite negotiations, the matter escalated to court proceedings.
Aldwych Legal identified concerns about inconsistent correspondence from the council over the five-year period and questioned whether the communications adequately advised on possible demolition or other steps.
Legal Issues
- The council’s compliance with statutory planning procedures and the Pre-Action Protocol.
- Whether communications adequately informed Ms Ameena of her options, including possible demolition or withdrawal of development.
- Whether ADR should have been pursued to avoid litigation and potential costs penalties.
- The grounds used to justify a refusal or enforcement and the evidentiary standards needed to support that position.
- Fairness and due diligence in decision-making for a vulnerable resident.
Our Approach
We reviewed council letters and case documents, constructed a clear timeline, and prepared a detailed response outlining concerns. We engaged in pre-action correspondence, sought independent expert opinion, and negotiated with the council in line with CPR and the Pre-Action Protocol. Where needed, we prepared to bring issues to court to protect Ms Ameena’s interests.
Outcome
Despite proactive engagement and formal requests for information, the council did not provide the necessary clarifications. Since our initial engagement, no further planning enforcement actions have been taken against Ms Ameena, though the process caused significant stress and financial burden.
Result / Why It Matters
Aldwych Legal’s handling of this case demonstrates our commitment to fair treatment of vulnerable clients, robust use of ADR where appropriate, and thorough scrutiny of public authorities’ decision-making in planning matters.
