On 22 August 2020, I was contacted by Mr Wilson, the owner of Wilson Building, on the A19 at Shipton-by-Beningbrough to assist in the challenges he was facing with his neighbour, Brookes Garage, and Conservative-controlled Hambleton District Council (HDC).
Mr Wilson had become exasperated with HDC Planning and Chief Executive Justin Ives for failing to address the challenges he was facing with his site by those using and delivering to Brookes Garage. I agreed to take on Mr Wilson as my Client.
Upon undertaking a simple General Overview there was a need to undertake a further review with a focus on:
- Consideration of all Planning Applications for Brookes Garage.
- Close scrutiny of all exchanges especially those that involved Legal Representation.
- Planning Applications – I was astounded to note that all Applications since 2013 had used plans that suggested Brookes Garage owned or leased part of my Clients site. This was false. Without this piece of land, that I refer to as the Dog Leg, conditions to ALL Applications could not be complied with. Neither HDC nor North Yorkshire County Council had noticed that the plans were false.
- Legal Representation – While many local Solicitors are capable of dealing with conveyancing, divorces, and wills, beyond this the services of those with specialist knowledge are often required. My first advice to my Client was to change his Legal Representation. One of the top Law Firms in the north of England was engaged along with a very talented Junior Barrister from London. My role was to sit between my Client and his Legal Team.
Inspectorate – Appeal
HDC had refused a Planning Application from Brookes Garage. This was then Appealed by Brookes Garage to the Inspectorate.
I wrote an objection for my client against the Appeal with an emphasis on the correct Plans. The Inspectorate then, in effect, cut and pasted our objection and rejected the Appeal.
Case Study 1 – Success 1
HDC – Planning Application
At the same time, the Appeal was been submitted to the Inspectorate an almost identical Planning Application was submitted to HDC.
I advised my Client to submit a verbatim objection of the one submitted to the Inspectorate against the application with an emphasis on the correct Plans. HDC ignored this and approved the application.
The phrase “on the nod” will come to mind.
One of the top Law Firms in the north of England was engaged along with a very talented Junior Barrister from London.
I worked closely with my Client to prepare all of the required papers for his Judicial Review. These then formed the basis for the Law Firm and Junior Barrister to submit a Judicial Review to the Court.
The judge stated that five Grounds were arguable.
HDC conceded. Of course, they did this on the least significant Ground to save face!
Normally 70 to 80% of Legal Costs are awarded in such cases. Given the strength of the case, my Client was, in effect, awarded 100% of their Legal Costs (as a gesture of goodwill it was rounded down to the nearest £1,000).
Ironically, HDC had financed my Clients case against themselves. Perhaps in the future, they will avoid the “nod and wink”.
The funds were paid into my Client’s Bank Account on 9 March 2022.
Case Study 1 – Success 2
Further Planning Application
Still not getting the message Brookes Garage then submitted a further Planning Application.
I wrote extensive objections for my client against this application, once again with an emphasis on the correct Plans.
As a result, a few weeks ago the applicant withdrew their application.
Case Study 1 – Success 3
Road Safety Review
Given that my Client has valid, documented concerns as to the danger A19 road users face from traffic accessing and egressing Brookes Garage, we worked with Road Safety Initiatives to produce a Road Safety Review.
It is hoped that the Review will improve road safety for all concerned, especially in light of the recent accidents.
I continue to assist Mr Wilson as he moves forward with his business interests at the Wilson Building and other outlets.
I would like to thank Mr Wilson for his kind words.
I would like to say a big thank you for all the help, advice, and time that you have dedicated to fight the challenges I have faced from both Hambleton District Council and Brookes Garage. This has been quite a journey and we have gained great success at beating Hambleton District Council in the recent Judicial Review, thank you.
Hopefully, the Council will take note of this and stop wasting tax payers monies with their dishonest, deceitful conduct.
Keep exposing these people and many thanks for your help so far.
Please see Consultancy