Advice please! HIP shows planning permission refused - 27 years ago
05-07-2008, 20:41
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#1
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cf.mega poster
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Advice please! HIP shows planning permission refused - 27 years ago
Hi,
Quick question for the legal bods out there...
My wifes boss is selling his house (3 bed, big garden) and the HIP he had done for it shows that an extension (small, flat roofed, 10x10 utility room) that was in place when he bought the house (about 18 to 20 years ago) was built by the previous owners depite planning permission being refused back in 1981. As far as he remembers, there was nothing identified on the searches when he originally bought the house.
I'm pretty sure that the age of the extension gives certain legal rights and exemptions now but am having trouble finding the stuff I'm looking for.
Can anybody help?
Thanks!
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05-07-2008, 21:16
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#2
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Re: Advice please! HIP shows planning permission refused - 27 years ago
It seems might you need a 'lawfulness certificate'.
Example:- Brent Council
Some people have tried to be sneaky in going about it.
Story 1
Story 2
I don't think the planning laws have too much of a problem with small extensions nowadays.
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06-07-2008, 11:24
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#3
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Re: Advice please! HIP shows planning permission refused - 27 years ago
Thank for the links nomadking - will pass them to him.
Although the right and more permanent option is to go through the council for omething like that, he's paranoid of getting some council official that just want it ripped down when they realise it's there! One option he's looking at is an insurance policy that would be given with the house sale, but that's likely to cost about £2,500 apparently.
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06-07-2008, 11:25
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#4
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Re: Advice please! HIP shows planning permission refused - 27 years ago
If I read those articles correctly, there is zero chance it can be ripped down, as long as its been up for more then 4 years.
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06-07-2008, 12:03
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#5
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Re: Advice please! HIP shows planning permission refused - 27 years ago
The impression I get is that a 'lawfulness certificate' will almost certainly be issued as no attempt was made to hide it.
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06-07-2008, 12:28
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#6
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Cable Forum Team
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Re: Advice please! HIP shows planning permission refused - 27 years ago
Something that small would normally be permitted development under town planning, unless those rights were removed because of a conservation area or something.
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06-07-2008, 13:08
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#7
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Re: Advice please! HIP shows planning permission refused - 27 years ago
Quote:
Originally Posted by brundles
Thank for the links nomadking - will pass them to him.
Although the right and more permanent option is to go through the council for omething like that, he's paranoid of getting some council official that just want it ripped down when they realise it's there! One option he's looking at is an insurance policy that would be given with the house sale, but that's likely to cost about £2,500 apparently.
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The guy is your wife's boss therefore he can obviously afford a solicitor, because no advice on here no matter how correct it may be, can not be used as a legal basis to find a resolution in this matter.
Tell him to put his hand in his pocket and employ a solicitor, remember you and your wife are not employed to be his dogsbodies.
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06-07-2008, 17:54
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#8
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Re: Advice please! HIP shows planning permission refused - 27 years ago
Thanks again for the responses.
whydoIneedatech - Please try not to assume the worst in people. To put your post in perspective, ignoring for a minute she offered look into it to as a favour rather than anything else, his plan is to sell his house and take early retirement moving to warmer climates than here. Once that happens my other half is hoping to have his job...
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06-07-2008, 18:02
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Re: Advice please! HIP shows planning permission refused - 27 years ago
Quote:
Originally Posted by brundles
Thanks again for the responses.
whydoIneedatech - Please try not to assume the worst in people. To put your post in perspective, ignoring for a minute she offered look into it to as a favour rather than anything else, his plan is to sell his house and take early retirement moving to warmer climates than here. Once that happens my other half is hoping to have his job...
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What an incentive to help that is, that does make helping him worthwhile
He does really need a property specialist solicitor to check this out properly though, as they will know all the legal intricacies required in this type of case.
As I previously stated any advice given here requires proper authentication by a qualified person.
Sorry for the assumption but this type of case can be a minefield.
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10-07-2008, 16:19
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#10
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Re: Advice please! HIP shows planning permission refused - 27 years ago
Quote:
Originally Posted by whydoIneedatech
Sorry for the assumption but this type of case can be a minefield.
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Assumption is the mother of all.....family forum!
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