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Court of Human Rights
This is a long and probably boring(to most)thread,so apologies.How does one go about contacting The Human Rights Court, and would it be worth my time and trouble. This is over a long running dispute about an estate next to a block of 4 freehold properties one of which is mine. It is reached by a right of way next to a parking area for the estate next door,which was a lovely desirable little estate for people over 55, a mixture of owned and rented leasehold properties.It was purchased,after the death of the original owner by a developer. This developer has ruined the whole area,the neighbouring estate is going to rack and ruin and most of the people who live there are too old and too afraid to do much about it.
Where our drive and right of way was once screened by a border of trees and shrubs,it has been dug up, covered with some kind of hardcore and whenever it rains it floods.It looks like a slum,and this is what we now see from our front door.Apart from that it also has devalued our property.All kinds of other things have happened too long to go into but having been to the local District Council and the Ombudsman and got nowhere and contacted Eric Pickles with the same result I get fed up and wonder who to go to next. It definitely spoils the enjoyment and outlook of our home.I think I am viewed as a troublemaker by our local concillors etc, but why should we have to put up with this.A lot of people say something should be done,but they do nothing so its all down to me,or so it seems.This developer has applied for planning permission,(now his third application)and so far he has been turned down,but the way the councils etc. seem to work it can only be a matter of time,and having seen the state of some other places he has"developed",God only knows what will happen.
Where our drive and right of way was once screened by a border of trees and shrubs,it has been dug up, covered with some kind of hardcore and whenever it rains it floods.It looks like a slum,and this is what we now see from our front door.Apart from that it also has devalued our property.All kinds of other things have happened too long to go into but having been to the local District Council and the Ombudsman and got nowhere and contacted Eric Pickles with the same result I get fed up and wonder who to go to next. It definitely spoils the enjoyment and outlook of our home.I think I am viewed as a troublemaker by our local concillors etc, but why should we have to put up with this.A lot of people say something should be done,but they do nothing so its all down to me,or so it seems.This developer has applied for planning permission,(now his third application)and so far he has been turned down,but the way the councils etc. seem to work it can only be a matter of time,and having seen the state of some other places he has"developed",God only knows what will happen.
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You must first pursue your rights within the UK before you are permitted to take any matter before the European Court Of Human Rights (ECHR), you must also be a victim of a violation of one of the articles of the convention of the ECHR. The best advice is probably to find a UK based solicitor who has experience of the ECHR, the Law Society should be able to help with this 020 7242 1222.
To answer your question their address is:
The Registrar
European Court of Human Rights
Council of Europe
67075 Strasbourg-Cedex
France.
To answer your question their address is:
The Registrar
European Court of Human Rights
Council of Europe
67075 Strasbourg-Cedex
France.
Sorry, but this doesn't sound like an issue for the Human Rights Court to me either.
The planning authority has an obligation to consider a potential development on its merits in relation to declared planning policies. Part, but only a small part, relates to the views of the locals and a relative shortage of other developable sites in the area (as well as other factors) may outweight your views. You can plan your objection and put it in writing when a planning application is made.
Regarding the issue about access over the developer's land to gain access to your property, that will depend on the wording the easement that grants you a legal right but it would be pretty unusual for there to be an obligation on the landowner to shield the access lane that you use from a 'slum' (your words) adjacent to the lane. As Boxtops says, what does your legal advisor have to say on the matter? All he has to do (normally) is grant you access, and there may be wording about maintainable state of the road.
Sorry, but you are going down the wrong road.
The planning authority has an obligation to consider a potential development on its merits in relation to declared planning policies. Part, but only a small part, relates to the views of the locals and a relative shortage of other developable sites in the area (as well as other factors) may outweight your views. You can plan your objection and put it in writing when a planning application is made.
Regarding the issue about access over the developer's land to gain access to your property, that will depend on the wording the easement that grants you a legal right but it would be pretty unusual for there to be an obligation on the landowner to shield the access lane that you use from a 'slum' (your words) adjacent to the lane. As Boxtops says, what does your legal advisor have to say on the matter? All he has to do (normally) is grant you access, and there may be wording about maintainable state of the road.
Sorry, but you are going down the wrong road.
I have read your sorry tale of the local council, local government ombudsman and others simply ignoring your complaints and refusing to do what they are required to do by law – posted on other websites.
I doubt anyone here will know more about the options you have, than yourself.
As you have discovered, the British legal system in place to oversee the correct operation of local authorities is corrupt beyond belief.
For the uninitiated, it works like this:-
Your local council makes some almighty foul-up.
You complain to them, but they refuse to acknowledge that they have done anything wrong.
You complaint to the local government ombudsman – who without fail, believes everything your local council tells them; that the local council has done nothing wrong.
This is even the case where you have documentary proof of the illegal actions of your local council.
At this point, your only option is to apply to the high court for a judicial review of the local government ombudsman decision. The high court does not have the power to over turn the ombudsman’s decision, only to instruct them to review their decision.
The local government ombudsman can then review their decision (modifying it slightly in some way) – and if you are not happy with that, your only option is to go back to the high court for another judicial review. And so it can go round and round forever.
If you were to take some form of action via the European courts – the UK would argue that you have a remedy within the UK legal system (as outlined above). The fact that those administering the system are corrupt (and that this has caused you injustice) would be very hard to prove to the satisfaction of the European court (in my humble opinion).
If you have very deep pockets – no doubt you would find a legal advisor who would relieve you of some of your money, but I doubt it would get you anywhere.
Why not post the link (to your fuller article) for the benefit of others who have not read the full story.
I doubt anyone here will know more about the options you have, than yourself.
As you have discovered, the British legal system in place to oversee the correct operation of local authorities is corrupt beyond belief.
For the uninitiated, it works like this:-
Your local council makes some almighty foul-up.
You complain to them, but they refuse to acknowledge that they have done anything wrong.
You complaint to the local government ombudsman – who without fail, believes everything your local council tells them; that the local council has done nothing wrong.
This is even the case where you have documentary proof of the illegal actions of your local council.
At this point, your only option is to apply to the high court for a judicial review of the local government ombudsman decision. The high court does not have the power to over turn the ombudsman’s decision, only to instruct them to review their decision.
The local government ombudsman can then review their decision (modifying it slightly in some way) – and if you are not happy with that, your only option is to go back to the high court for another judicial review. And so it can go round and round forever.
If you were to take some form of action via the European courts – the UK would argue that you have a remedy within the UK legal system (as outlined above). The fact that those administering the system are corrupt (and that this has caused you injustice) would be very hard to prove to the satisfaction of the European court (in my humble opinion).
If you have very deep pockets – no doubt you would find a legal advisor who would relieve you of some of your money, but I doubt it would get you anywhere.
Why not post the link (to your fuller article) for the benefit of others who have not read the full story.
Thanks for your answers and comments.Hymie,this has never been posted on any other websites,this is the only post I have made on this subject. EDDIE51, I am not a NIMBY,the people on the small estate which I refer to as a slum are in full agreement with my feelings .As I stated they are all very elderly, one is nearly 100 and they are all frightened to complain too much. I am still following this matter up and have not given up yet.
I seemed to recall a very similar story to yours somewhere on the web, perhaps I’m more senile than I know.
Anyway if you haven’t found either of these two websites – they contain lots of useful info for those who have suffered at the hands of their local council.
http://www.rottenborough.org.uk/
http://www.ombudsmanwatch.org/
Anyway if you haven’t found either of these two websites – they contain lots of useful info for those who have suffered at the hands of their local council.
http://www.rottenborough.org.uk/
http://www.ombudsmanwatch.org/
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