Planning Permission

[Anonymous]

I think that what Ela said to me this morning re initiatives to bring back 'abandoned' homes into use is what is being misrepresented here.

As a 'rural area' dweller I also know how keen local authorities are to have 'affordable' housing, it's another hot topic.

But there's also the Listed Building at Risk issue! If the local authority insists that this be treated as 'new build' (!!!) that could be interesting as far as LBC is concerned.

Altering the setting by splitting up land and making new access is another issue which may have to be addressed.

Lots to consider - but with determination I'm sure there can be a satisfactory outcome.

 

[Anonymous]

I've been following this thread with interest, because the situation Matthew describes has some similarities (and some significant differences) to that of the dwelling we are currently moving into.

It seems as if the local authority are using 'abandoned' as if it has a very specific formal meaning. Does anyone know whether that is the case, in either statute or case law? And if it is, what are the key constituents of 'abandonment'?

Conversely, it seems to me that the building Matthew wants to restore is NOT abandoned, in at least one common-sensical sense of the term: it has a known and interested owner, who is offering his title for sale, (albeit in the context of the whole curtilege being offered). The building may be neglected and unused, but it is hardly 'abandoned'.

 

[Anonymous]

A quick look at abandonment in my copy of Victor Moore tells me that it is not straightforward.

One of the more important factors seems to be intent. If a house is left unused you have to show that there was intent to re-use it as a house at some point. If no intent can be shown then the house becomes abandoned and you would need planning permission to start using it as a house again.

Seems unlikely that you could show intent after more than a hundred years?

 

[Anonymous]

Our local councillors have been lobbying the planning department for some clarification and possible ways forward.

They contacted me this evening with an update.

They have no scope to apply common-sense / discretion to the restrictions imposed within the local plan, which were apparently requested by a government inspector, and as such we would not be granted planning permission.

The only option left would be the appeals process, but since the clause was requested by a government official, the chances of a successful appeal are remote - and expensive.

I'm awaiting some more information from David at Save, but we're not hopeful and are considering taking our house off the market.

Many thanks to everyone for their input,

Cheers

Matthew

 

[Anonymous]

More counterproductive law.

NT

 

[Anonymous]

Thanks for the update Matthew. I'm a bit confused as to what it is in the local plan that is stopping the LPA giving you permission to reinstate this house as a dwelling. Your original post mentioned affordable housing - was that the reason?

PS - planning appeals are not expensive, in fact they are free of charge to the inspectorate so the only cost is whatever your agent charges for filling in the forms and providing an extra set of drawings and attending the on-site meeting. (which usually only takes about half and hour) I normally charge £200 for this.