Property Law Degree - Case Study Example

With certainty it is understandable that the Residents Association has a vested interest in the use and development of land around them. The residents who live in a certain area will likely see changes in their neighborhood and daily life if land in or near their community is altered. Further residential development could lead to overcrowding and diminishing quality of schools. Also, depending upon what kind of housing is to be built, the value of their own properties could be negatively impacted.

Or perhaps the land to be developed is a place full of trees and nature, where all of the kids in the neighborhood love to go to play. It is clear that land development can have many types of impacts on the people who live around it. Sometimes those impacts are positive, but if they are not, it is not surprising that those people would want to prevent those negative impacts. The Town and Country Act of 1990 was established to maintain balance between the demands of developers and the needs of local residents.

The case of Regan v. Paul Properties Ltd. in 2006 illustrates one reason that residents may find reason to object to development. Regan attempted to prevent Paul Properties Ltd. . The window had already been screened in such a fashion that no light came in. The court ruled that development could ensue without infringing on the resident's right to light. (Clarke, 2008).If the Residents Association should seek to have the grant quashed, there are grounds upon which they may be able to do this.

If the Residents Association disagrees with one or more of the conditions connected to the planning permission that has been granted, and have already tried to voice their concerns to the local planning authority, an appeal can be made to the Secretary of State. This appeal needs to be made within six months of the date that the planning permission was decided upon. The three ways that a plaintiff can typically make an appeal include written representations, a public inquiry session, and an informal hearing.

While written representations from both parties can be both time-saving and money-sparing, this is not always the most effective method of an appeal that deals with an issue as big and serious as the development of an entire residential area. A public inquiry, although costly and time-consuming, may be a better appeal method for the Residents Association. This method involves an Inspector hearing both sides of the case, both in verbal and written form, as well as commentary from third parties.

A cross-examination will then take place, allowing all parties to ask questions and provide the necessary supporting arguments. After the inquiry, the Inspector will make a formal site inspection and will later come to a final decision. (RICS, 2008).In some planning appeal cases, costs can be awarded if unnecessary costs were