Party Wall Agreement

[JohnRS4]

Basically my daughter bought an end of terrace house. It turns out that the land next to it has been sold to a developer who has plannning permission to build a two bedroom house attached to my daughters. Apparently the previous owner did the deal then sold. Not only will they have to fill in a landing window on the first floor but it will turn her house into a mid-terrace rather than end of terrace. She has consulted a surveyor who says that she should try and get some payment from the developer. Here are a couple of questions:

1) Does she have any comeback with the solicitor who handled the conveyancing and did not notify her of the planning permission? If so is there any period of time after which action couldnt be taken?
2) The developer has offered her very little so far basically to fit a roof light. She has rejected this so what happens next? What is he likely to try next?
3) So far the developer has removed the top soil and put some wire fencing round on the last day the planning permission was due to expire. Can he just leave it like this and keep the planning permission valid or does he need to start proper development within a specific time?

Would be grateful for any responses

[Busamav]

JohnRS4 said:

3) So far the developer has removed the top soil and put some wire fencing round on the last day the planning permission was due to expire.

That is not in my experience enough to consolidate a site start , although I am sure there are some that will argue differently .

Digging a foundation and getting the first inspection is normally considered a start.


ps.
check that the developer has not obtained an extension to the previous, now lapsed approval. He would have had to do this in entirety before the expiry of the original approval.