Multiple failures

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Blueblue
Posts: 2
Joined: Sun Jun 16, 2019 9:02 am

Multiple failures

Post by Blueblue » Tue Jun 18, 2019 4:53 pm

Thank-you for reading, advice appreciated.<br/>
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We bought a house comprised of 2 deeds, one of which was land at rear of the main dwelling, about 1/4 acre (half the garden) and aligns the rear boundary with the neighbour. The deeds restrict building over 3m high.i.e. You can’t put a house on it. The previous owner bought the main plot and soon after, the extra land from the Crown Estate (I’m guessing classed as public access woodland), whose estate agents refer to it as land available for garden extensions.<br/>
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The previous owner then applied for planning permission for a new larger dwelling and amongst the plans submitted a site plan and tree survey covering both areas, with no boundary detailed in-between. The county wildlife trust is consulted and notes the rear land has not as yet been included in the curtilage but they are not against the application. Permission was duly granted, specifying this site plan. In due course came the building certificate and several smaller permissions (repeatedly using the same site plan) have been granted and compliance noted over the following 5 years - several council officers involved. The property was then put up for sale and we came to view, a single house & garden, the rear garden (including land plot) was neatly fenced and laid to lawn, with 3 trees on it. The estate agent mentioned the rear land and that they thought more was available if we wanted it - we checked out of interest, it is.<br/>
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Our solicitor reviewed the title deeds and ran the local searches and asked the council planning department about any conservation area or tpos that could affect the site, the reply was no such restrictions and a copy of the rebuild permission was forwarded as a courtesy. The previous owners checked the ‘no change of use’ box on the information form and ‘no outstanding planning considerations’, the contract of sale defines no incumbrances besides those on title deeds.<br/>
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Well, 2 years later, after we consult the council for a house extension, they send a letter alleging material change of use to residential garden (not what from) and demand we reinstate the boundary (that we’ve never seen) and cease use of the rear plot, or else an enforcement notice will be sent. They wrote that a retrospective application for change of use would likely be refused as the rear plot is in the green belt. We are only 7yrs into the 10yr lawful development time limit.<br/>
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It seems as though everyone involved has failed to fulfill their duties and we’re left with the consequences.
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We don’t ever want to build on this land but we do want it as garden, what are our options?</t>

span
Posts: 1654
Joined: Sat Nov 06, 2010 1:34 am

Re: Multiple failures

Post by span » Wed Jun 19, 2019 10:50 am

Good post, clearly articulated.

First things first I suppose. What has your solicitor said about this?

Blueblue
Posts: 2
Joined: Sun Jun 16, 2019 9:02 am

Re: Multiple failures

Post by Blueblue » Wed Jun 19, 2019 3:51 pm

Thank-you Span.

We are awaiting the conveyance solicitors response ... so I’m canvassing for opinions or similar experience on here.

Thanks again.

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