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Planning Permission

Client: Privately owned property development company
Situation: A dispute arose relating to alleged defects in the design of a group of residential buildings prior to construction, their site having been sold with a Planning Permission in place.  The purchaser claimed that the approved design was not buildable. Probyn Miers was required to comment on whether the design was defective as claimed, and whether it could in fact be built, and on the services provided by the buildings’ designer.
Action: Probyn Miers provided a report on the practicalities of the design.
Result: The case settled at pre-action stage.

 

Client: Homeowners
Situation: Conversion and extension of an existing building to form a new dwelling was halted when it was discovered that the works could not be constructed in accordance with the Planning Permission design.  Probyn Miers opinion was required in response to an expert report produced on behalf of the architect responsible for the design.
Action: Probyn Miers produced a report for litigation.
Result: Probyn Miers provided an expert opinion on the matters in dispute.

 

Client: Solicitors for architect
Situation: An architect designed the conversion of a Victorian house to multiple flats.  Following confusions at planning application stage, the local authority intervened to halt preparatory clearance work and to prosecute the architect for demolishing a building in a conservation area, although the building’s two public facades had been intentionally preserved.
Action: Probyn Miers analysed the primary documents and drawings, particularly those relating to the planning and conservation area consent applications.  Probyn Miers produced a report showing how others were primarily responsible for the allegedly excessive demolition, and illustrating how little real detriment had been caused to the conservation area’s visual character.
Result: The case was tried at the regional Crown court in front of a jury.  Probyn Miers expert gave evidence and was cross-examined, following which the architect was acquitted by a substantial majority verdict.


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