Tricky potential planning issue

Mounty

Member
Arable Farmer
Location
Suffolk
Not sure this is the right section to post this but mods can move if not.

Looking to buy a plot of land to build a house on. The plot is in a superb rural location and has the remains of what once was a 'small' timber dwelling on it. The property was built without pp in the early 50's after the original pair of cottages on the site had burnt down.
Despite the lack of planning, the dwelling was lived in from the 50's through to the early 90's. Rates were paid on the property for many years and there is documented evidence to prove this. It was decided that once the property was unoccupied that the council tax band A, could be removed due to the state of disrepair.
A certificate of lawfulness is currently under application to maintain its status as having a residential property on it for more than 10 years.
My question is, what is the likelihood of getting planning to replace the dwelling should the certificate of lawfulness be approved. The property is not habitable and the site is quite overgrown with several mature trees throughout.
Bit of a difficult one to answer accurately but thought this was as good a place as any to ask.
 
Location
Suffolk
Are you in the Waveney District Councils area? My place was almost 'Unfit for human habitation' and it took 18 months to negotiate planning permission to 'renovate'. I am now into year six and have nearly completed two of the three phases needed.
What you do have seems to be positive, you just need to move the whole thing forward one step at a time and don't expect it to be fast!
SS
 

roscoe erf

Member
Livestock Farmer
Not sure this is the right section to post this but mods can move if not.

Looking to buy a plot of land to build a house on. The plot is in a superb rural location and has the remains of what once was a 'small' timber dwelling on it. The property was built without pp in the early 50's after the original pair of cottages on the site had burnt down.
Despite the lack of planning, the dwelling was lived in from the 50's through to the early 90's. Rates were paid on the property for many years and there is documented evidence to prove this. It was decided that once the property was unoccupied that the council tax band A, could be removed due to the state of disrepair.
A certificate of lawfulness is currently under application to maintain its status as having a residential property on it for more than 10 years.
My question is, what is the likelihood of getting planning to replace the dwelling should the certificate of lawfulness be approved. The property is not habitable and the site is quite overgrown with several mature trees throughout.
Bit of a difficult one to answer accurately but thought this was as good a place as any to ask.
can't see why not
 

Mounty

Member
Arable Farmer
Location
Suffolk
Are you in the Waveney District Councils area? My place was almost 'Unfit for human habitation' and it took 18 months to negotiate planning permission to 'renovate'. I am now into year six and have nearly completed two of the three phases needed.
What you do have seems to be positive, you just need to move the whole thing forward one step at a time and don't expect it to be fast!
SS
Not under Waveney. This would defo be unfit for human habitation and could not be renovated. The structure is still there however.
 

JNP

Member
Location
Herefordshire
Getting the certificate for residential use will be a good first step. Once you have that then they will be hard pressed to say no to a house. However, it will be at their mercy as to the size of the new place, they will want you to build no bigger that what was there originally.
Also check and double check that there is no listing or protection on the old place even if it is just a ruin, that will be the bane of your life if it is.
 

Mounty

Member
Arable Farmer
Location
Suffolk
Good points @PDRD - I think i would have an argument to get something a bit bigger than what is there as the current building is very small. Don't they allow original footprint plus a certain percentage increase these days?

Don't think there is any listing or protection on it as there was never planning, but possible they could grant lawfulness and then slap an order on it to stop it being developed? It really has no architectural or historic importance though, believe me.
 

rob1

Member
Location
wiltshire
They may well say that the use has been abandoned and very likely to refuse the certificate. Read this poor chaps story at www.doverdistrictcouncil.com .

You would not believe the ways these planners act sometimes. We had a ten year battle with west wilts council including a three day public inquiry to prove our case, cost me £50,000 but we beat the barstewards in the end. Was proved they broke the law but nobody seems to care, not even the LGO who say, well you won your case so whats the problem!!!!!!!!!!
 

tanker

Member
getting a good planning consultant isn't always easy but if someone can recommend you one that's worth the effort it can be money very well spent..
 

Mounty

Member
Arable Farmer
Location
Suffolk
Luckily, I have got one of those, helped me get retrospective listed consent on a property earlier this year. Needs to be money well spent, was a hefty bill !!
 

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