A householder given a £20,000 bill for repairs to his high rise flat has been refused an injunction to block the plans.
As part of a widespread plan to revampits 1960s blocks, Brighton and Hove City Council wants to spend £2.3 million refurbishing the 16- storey Essex Place in Montague Street, Brighton.
But Sunil Broota, who owns his flat, claims enclosing his balcony will lead to a breach of his human right to fresh air and open space.
Upset that he is being told to pay for the cost for the work despite opposing it, Mr Broota took the issue to Brighton County Court.
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However the judge rejected his application for an injunction at a hearing yesterday, adding the application for an order was “misconceived” and “premature”.
The judge has also ordered the unemployed former public sector worker to pay £300 in court costs.
Speaking after the hearing, Mr Broota said: “I’m not going to stop here. I will continue to fight this.”
He added: “When I bought the property in November I was told there was work going to take place which would cost £7,000.
“Now it’s £20,000 in estimated costs.”
Letters sent by the local authority to the residents claimed the work was needed to repair structural issues to the block and improve its energy efficiency.
According to estimates, enclosing the balconies will cost £450,000, replacing windows £300,000 while the council will claim £88,000 in administration costs.
Council tenants will pay for the work out of their rents but leaseholders will have to pay for the full cost. Planning permission for the Essex Place scheme was approved in August.
Mr Broota told the court this was a sign the council had already decided it would carry out the work.
But Simon Allison of Hardwicke Chambers, who represented the council, claimed it was not true the local authority was not listening to residents.
He added a month-long consultation on the scheme began on August 12 and was still ongoing when the injunction application was made.
Speaking in the hearing, Judge Wright, who refused to give her first name, said the application was “misconceived” and “premature”.
Judge Wright said: “There’s evidence that Brighton and Hove City Council are consulting with Mr Broota.
“It matters not that he has responded to the consultation saying he doesn’t want the work done.
“The reality is that this period of consultation is not over and as such there is no evidence that the council has failed to consider the responses to the consultation as the period has not expired.”
Acouncil spokesmansaid itwas not able to comment on a live court issue.
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