Search found 3020 matches

by pilman
Fri Jan 24, 2020 11:36 am
Forum: General Topics
Topic: Unregistered land lost title deeds
Replies: 8
Views: 269

Re: Unregistered land lost title deeds

It will be a complex issue as one part of the land was wrongly registered at first registration to another property in 1988. Strangely that property did not use the land to claim adverse possession. Only in the last 10 years has the wrongly registered property been using the land. You need to be aw...
by pilman
Wed Jan 22, 2020 1:35 pm
Forum: Trees
Topic: can i cut down conifer on building plot
Replies: 7
Views: 274

Re: can i cut down conifer on building plot

As part of the process of buying a property a search ought to be made by your conveyancer. That will require the local council to confirm whether there is a tree preservation order on the property. If there is no TPO then removing the tree is the first stage in preparing the site for development whi...
by pilman
Wed Jan 22, 2020 1:18 pm
Forum: General Topics
Topic: House curtilage vs surrounding land
Replies: 12
Views: 252

Re: House curtilage vs surrounding land

I will try and find a professional who can help us through this process. Although now retired, I am still a director of a planning consultancy company which is why I can confirm some of the PD rights that apply within the curtilage of a dwellinghouse. There is a Private Message facility on Garden l...
by pilman
Tue Jan 21, 2020 6:45 pm
Forum: General Topics
Topic: Enforcement Notice pending
Replies: 67
Views: 1866

Re: Enforcement Notice pending

As this poster is aware the planning application made in 2014 for a change of use to a commercial B1 Use was granted subject to 11 conditions imposed on the development. Three of those conditions required plans to be provided and approved by the council prior to development commencing. Nothing was p...
by pilman
Tue Jan 21, 2020 5:01 pm
Forum: General Topics
Topic: House curtilage vs surrounding land
Replies: 12
Views: 252

Re: House curtilage vs surrounding land

The red outlined area which shows a track from the main road may be the curtilage of the dwellinghouse, although more probably it would be the land to the east of the track that would meet the definition of a curtilage as decided in quite a number of legal cases. Since there is a garage building on ...
by pilman
Fri Jan 17, 2020 1:31 pm
Forum: General Topics
Topic: Enforcement Notice pending
Replies: 67
Views: 1866

Re: Enforcement Notice pending

It has to be stressed that no development is granted planning permission in the Green Belt, so if a shed was to be erected that too can be subject to an enforcement notice being served. As things stand at the moment there is no lawful planning use for the building, or the land, because any previous ...
by pilman
Thu Jan 16, 2020 5:11 pm
Forum: Fences
Topic: Is it Amenity Land or Not?
Replies: 5
Views: 182

Re: Is it Amenity Land or Not?

We were told by the council that we wouldn't require change of use as the new boundary would form part of our new garden. Said villager is still kicking off, does on a weekly basis by the sounds of it and the council have now invited us to submit an application for change of use from amenity land t...
by pilman
Thu Jan 16, 2020 4:52 pm
Forum: General Topics
Topic: Enforcement Notice pending
Replies: 67
Views: 1866

Re: Enforcement Notice pending

What I'm still not really clear about, and I may be confused again, (quelle surprise), but I saw something a while ago saying that if a planning application does not precede an enforcement notice, then you have to pay double the usual planning application fee when you appeal... but that an appeal i...
by pilman
Fri Jan 03, 2020 12:53 am
Forum: General Topics
Topic: Enforcement Notice pending
Replies: 67
Views: 1866

Re: Enforcement Notice pending

When I receive a Personal Message I usually respond by offering to provide assistance, as I did for this posting.

The fact that my offer seems not to be required makes me wonder why send a PM in the first place?
by pilman
Mon Dec 30, 2019 1:48 pm
Forum: Rights of Way
Topic: ROW from garden gate onto farm land.
Replies: 8
Views: 368

Re: ROW from garden gate onto farm land.

Even when there are Statement of Truth provided by the previous owner to show that there had been over 20 years use without force, without permission and that such use was openly exercised so that the farm owner would have been aware of such use, the application made to Land Registry to record such ...
by pilman
Mon Dec 30, 2019 1:09 pm
Forum: Rights of Way
Topic: Public or Private Alleway
Replies: 6
Views: 199

Re: Public or Private Alleway

“Except when otherwise expressed on the said published plan all the ways are public highways and each plot includes the soil of half the way to the extent of its abuttal hereon until the same shall be taken to by the local authorities.” Whenever i have seen this type of wording it states what the d...
by pilman
Mon Dec 30, 2019 12:56 pm
Forum: General Topics
Topic: Enforcement Notice pending
Replies: 67
Views: 1866

Re: Enforcement Notice pending

He paid an undisclosed amount to 'mitigate the environmental impact of the development'... but I'd not have the means to do this If you were able to obtain planning permission for two houses, that will mean that the plot can be sold to a builder with the consideration being the cost of building one...
by pilman
Sun Dec 29, 2019 6:59 pm
Forum: General Topics
Topic: Enforcement Notice pending
Replies: 67
Views: 1866

Re: Enforcement Notice pending

I think, as ultimately, a live/work art studio is on my wish list. There is no information about the size of the existing building, although a commercial building can now be converted into a dwellinghouse under permitted development rights. I know I would have concentrated on that type of developme...
by pilman
Fri Dec 27, 2019 4:37 pm
Forum: General Topics
Topic: Enforcement Notice pending
Replies: 67
Views: 1866

Re: Enforcement Notice pending

The planning application Fees Order does show that for the erection of a building (not dwellinghouses, agricultural, glasshouses, plant nor machinery) the fee is £234 for a gross floor area of no more than 40 sq.metres. The fee for an agricultural building of no more than 465 sq. metres is £96. Why ...
by pilman
Wed Dec 18, 2019 3:03 pm
Forum: General Topics
Topic: Shed and Permitted Development Rights
Replies: 13
Views: 591

Re: Shed and Permitted Development Rights

Have I got this right? Yes Q1. When the floor area is measured, is it calculated on inside or outside dimensions? Even if I build in wood the shed walls will be double skinned and insulated. Block walls will have an even greater thickness. Footprint needs to be under 30 sq.m. Q2. Can I build two su...