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Philip Antino Prevents Planning Application detrimental to Neighbours Property

Thorley Hill: Planning Application: East Herts Council accept Philip Antino’s submissions and REFUSE the application

The owners of No. 1a Thorley Hill, Bishops Stortford, Hertfordshire, CM23 3ND submitted an application to East Herts Council for front and rear extensions under planning application 3/18/0899/HH.

This incorporated a two storey front extension and a single rear extension. The owners of No. 1 Thorley Hill were concerned that this would have a detrimental effect on their property and their quiet enjoyment of their house. They instructed Mr Philip Antino to carry out a detailed assessment of the local authority planning and national planning policy framework policies, the site, the proposed works and to provide advice.

Mr Antino’s findings were such that he believed that there were justified grounds to register objections with East Herts Council opposing the proposed development, particularly the double storey front extension which was within a matter of several metres of No. 1 Thorley Hill.

It was further of notable concern to Mr Antino that No. 1a Thorley Hill had already been extended substantively to the side with double storey extensions and to the rear, increasing the original footprint by some 350%.

Upon consideration of the relevant factors and the East Herts local plan 2007 policies EMV1, EMV5 and EMV6 together with the national planning policy framework submissions were made to the East Herts Council in the following terms.

The proposed front extension by reason of its scale, sighting and design would cause unacceptable harm to the amenity use of No. 1 Thorley Hill which would result in a significant loss of light and create an overbearing effect for the occupiers of No. 1 Thorley Hill. The proposed extension, by reason of its scale, sighting and design would cause unacceptable harm to the character and design of the surrounding street scene. The council took into account the representations made by Mr Antino on behalf of his clients and reached the decision having full regard to those representations, the development plan and all material considerations that the planning application should be refused for terms as clearly set out and submitted by Mr Antino on behalf of his clients.

The Council accepted Mr Antino’s submissions and REFUSED the application.

Judges Comments and Opinions regarding Dr. Antino

  • The party wall world is relatively small, the stage of this world contains a number of well-known players, Mr Antino is one of these well-known players and so are his owners instructing solicitor Mr Ashley Bean of Thirsk Winton

    HHJ Bailey - [2016]
  • The Claimants have a very experienced legal team comprising Mr David Mayall of lambchambers & Mr Ashley Bean of thirsK winton and their surveyro Dr. Philip Antino. The evidence in particular of the Defendant’s plans for both the Accessway and the plans and how it impacted upon the Claimants business was important information that The Defendants ahd not provided when requested.

    HHJ Freedland QC - [2021]
  • "Mr Antino is a palpable witness, Mr Antino's explanation of the unique attributes of the "Thompson Plan" greatly assisted the Court to understand the location and extent of the claimants’ boundaries” (Best & Best v Perkins & Dennis in the County Court at Luton).

    HHJ Hildyard - [2015]
  • The appeal was a preliminary hearing of two points in respect of an Award served by Mr Antino and a surveyor appointed by Mr Antino under s.10(4) on behalf of the Building Owners the Appellants. HHJ Luba QC sitting in the Central London County Court held "In my judgment the Award is valid, the use of s.10(4) was the appropriate procedure given the Building Owners refusal to appoint a surveyor. A dispute had arisen that satisfied s.10 procedures, The Award is an impressive piece of work". Schmid v Hulls and Athananasou).

    HHJ Luba QC - [2016]
  • “Mr Antino is an acknowledged expert in the field of party wall issues.”

    HHJ Murfitt QC 2013 - [2015]
  • “I have known Philip for many years as a surveyor, he is a very good surveyor, as this book shows he is a very good author and this book can only advance his reputation”

    HHJ Philip Bartle QC - [2012]
  • “In the appeal of an ex-parte Award served by Mr Antino on behalf of the respondents, in my judgment the respondent is correct. Mr Antino’s contention that it is not a matter for negotiation directly between one surveyor and the other surveyor’s client. Since I have determined that the ex-parte Award was valid the court is still able to determine the Award and under the statutory powers to modify the Award if appropriate. I am grateful to Mr Antino suggesting that I now determine the Award issue “I accept that Mr Antino’s hourly rate is not in my judgment unreasonable. It follows that the fee set out in the ex-parte Award had been properly justified and I therefore award Mr Antino’s fees”. (Bansal v Myers Romford County Court).

    HHJ Platt - [2007]

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