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his week the Costa Blanca People was contacted by a mother and daughter who are distraught after being told their 12 year court battle to keep their home intact has been lost and a ‘legal’ extension may well have to be demolished, destroying their home. Val Shelley and her husband brought their two bedroom home in Campoverde in 2002 and needing to accommodate their daughter Jane and their 12 year-old nephew, soon realised they would need more space. After considering selling the property but not getting very far, a friend suggested adding an integral extension. The couple consulted three legal experts and all gave the same three steps that needed to be followed; first to check that the builder had left enough space to legally build what their architect had in mind, secondly to gain the relevant
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Tues 31st May - Mon 6th June 2016
‘Legal’home to be demolished and necessary planning permissions and licences and third, to inform the community. The first to steps were no problem, however, one neighbouring house objected to the plans. The Shelleys were bemused as the house faced away from their property and the owner lives in the UK, using the property only as an occasional holiday home. The family requested a community vote, as the neighbours either side were happy with the plans and so were most of the surrounding neighbours - but they were refused the opportunity to have one. The couple went to the President and the administrator but were told they should
“Our immediate neighbours and our legal team have been amazing and without their support we would not have got this far, but to fail at the final hurdle is a vicious blow.” speak to the objector. Unfortunately the discussions were unsuccessful and so the family were left in limbo.
The couple went back to the Town Hall and the lawyer and a meeting was held on the couple’s land. This was attended by a representative from the Town Hall, the planning officer and members of the community committee. The outcome was that all the permissions were legal and the neighbour did not have the right to block the extension and the Shelleys should go ahead. They were also told at that meeting that because they had planning permission they could start the build in lieu of the licence being granted, as this could take some time. As it happened the build started in August of 2004 and the licence came
through in December of 2004, with the work being completed in 2005. Unfortunately for the family, far from being over, their nightmare was just beginning when they were issued court papers for a case brought by the community and the objecting neighbour. The court case has wrangled on ever since with the court claiming the build was illegal because the work began without the licence being in place and the family appealing because they were given official permission to do so and it only overlapped by a few months and well in advance of the extension being finished. The stress took its toll on the family and last April Val’s husband James passed away. Val said: “He was a fit man and had a complete top-to-toe health check and all clear just the week before. We were CONTINUED ON PAGE 3
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