Private Amenity Land - Purchase Notice

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chia
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Private Amenity Land - Purchase Notice

Post by chia » Thu Jan 04, 2018 4:52 pm

Hi All,

Hoping you can help with an issue in regards to a patch of land which forms part of my property.

Purchased a corner house in 2015. During the purchase realised the previous owner had put the garden fence significantly further back from the actual boundary. I therefore requested planning permission to erect a 1.8m fence – as this would increase the size of the garden substantially.

It was only during the application that I was informed that my land in question was now deemed as “amenity” land and would require a change of use. Went through this process as well, only to be refused with the reason provided that there would be a loss of visual amenity consistency that the patch of land provides to the entrance of the street. The thing to note here regarding consistency, is that the house opposite has a similar patch of land which is owned by the council and not part of their deed – whereas my patch of land is clearly marked as part of the deeds with no restrictions on usage either.

Another thing to note is that there is no actual amenity provided to the piece of land to the public. It doesn’t provide any further access for the public as there is already pavements on both sides of the road. Nor are there any trees/hedges for wildlife. Essentially it’s just a patch of grass.

I therefore have served the LA with a compulsory purchase notice, as it’s deemed that this piece of land cannot provide me with reasonable beneficial use in its current state.
The council has refused on the grounds that I receive reasonable beneficial use as the land as a whole has a dwelling on it (i.e. my house and current garden). I have therefore asked for a hearing on this matter by the Planning Inspectorate.

My questions are: Does anyone have any experience in a similar matter? How is it that the land usage is split as private and amenity, in order to reject planning permission yet when served with the purchase notice the LA have classed the land as a whole (including my usage of the land for a dwelling) in order to reject purchasing their interest? Has anyone gone through the hearing process and can provide any pointers in the right direction on preparation on statements etc?

Any help with this matter would be greatly appreciated.

Many thanks

mr sheen
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Re: Private Amenity Land - Purchase Notice

Post by mr sheen » Thu Jan 04, 2018 7:33 pm

Loads of pieces of land, especially around estates are classified as 'amenity land'. When planning permission was granted the developer had to agree to keep specific land for general public amenity. Much of this type of land is shown as part of a specific property but has to remain as amenity land.

The position of the fence is the land you purchased for sole use and the amenity land was beyond the fence and has to be left since planning would not have been granted without the pieces of amenity land.

Many people do manage to absorb the amenity land into their physical boundary but some LAs protect amenity land aggressively in order to maintain this green and pleasant land for all. If your LA won't allow you to incorporate the land into your physical boundary, you can either call their bluff and do it anyway in full knowledge that they may aggressively pursue you in court and also recover substantial costs from you...or accept the amenity land was always meant to benefit everyone and the price of your property was adjusted accordingly and accept the situation as it was always meant to be and leave as is.

MacadamB53
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Re: Private Amenity Land - Purchase Notice

Post by MacadamB53 » Thu Jan 04, 2018 9:14 pm

Hi arborlad,

you can either call their bluff and do it anyway in full knowledge that they may aggressively pursue you in court and also recover substantial costs from you...

court proceedings would be a final resort after at least:

1. asking the OP to reinstate the status quo to avoid the LA having to issue an enforcement notice
2. threatening to issue an enforcement notice
3. issuing an enforcement notice
4. the OP’s non-compliance with the enforcement notice

kind regards, Mac

chia
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Joined: Wed May 31, 2017 3:27 pm

Re: Private Amenity Land - Purchase Notice

Post by chia » Thu Jan 04, 2018 10:26 pm

Thank you both for your replies.

Just to clarify, unsure if makes a difference, but the deeds state there are no restrictions to the property as a whole when first registered back in the 1920s. I believe the Town and Country planning act came into affect after 1947? (happy to be corrected on this).

Therefore the land wouldn't have been classed as amenity land when initially developed as it's part of my overall boundary and therefore property?

MacadamB53
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Re: Private Amenity Land - Purchase Notice

Post by MacadamB53 » Thu Jan 04, 2018 10:44 pm

chia wrote:Thank you both for your replies.

Just to clarify, unsure if makes a difference, but the deeds state there are no restrictions to the property as a whole when first registered back in the 1920s. I believe the Town and Country planning act came into affect after 1947? (happy to be corrected on this).

Therefore the land wouldn't have been classed as amenity land when initially developed as it's part of my overall boundary and therefore property?
you’re confusing two matters - ownership and use.

you own a parcel of land - legal title - but it can only be put to the use it has been given - planning title (aka planning permission).

some of your parcel of land has planning title to be used as a dwellinghouse - the house and garden - and some has planning title to be used as amenity land - the bit you’re wanting to enclose.

does that make sense?

you may well think there’s no point owning that bit if you can’t use as you can the rest of your parcel, but 1. that doesn’t mean you don’t own it 2. that you’re entitled to enclose it, 3. or that a “change of use” will never be granted.

did you appeal against the LPA’s decision to refuse the application for a “change of use”?

kind regards, Mac

jonahinoz
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Re: Private Amenity Land - Purchase Notice

Post by jonahinoz » Fri Feb 23, 2018 8:57 am

Hi,

Half my daughter's back garden is amenity land. The LA map shows it is not publicaly owned. But the same LA map shows that it is maintained by the LA. ???

Does that suggest that all amenity land is maintainable by all LAs? :twisted:

John W

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