Transformation of a block of flats into a single dwelling ho
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http://planninglawblog.blogspot.co.uk/2012/10/holiday-lets-may-be-change-of-use.html
There is some links on here, and also quotations of some of the pprevious planning cases as precedent that will require you to dig a little more
There is some links on here, and also quotations of some of the pprevious planning cases as precedent that will require you to dig a little more
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This property contained two flats one in the ground floor and another flat made up of the first and second floor.
I have discovered that the ground floor flat was subject to a Section 106 agreement prohibiting its occupiers from applying for a parking permit
1.
What happened to this Section 106 when this property was amalgamated into a single dwelling house?
2.
Does this mean that this propriety could not be a single dwelling house because of this section 106 agreement because if it was a single dwelling house the occupiers of the first floor and of the second floor will be also occupiers of the ground floor? Hence occupiers of the ground floor will be able to apply for a parking permit what this section 106 agreeent prohibits
3.
This Section 106 was not discharged when this property was amalgamated so it was still valid so can we say that for this reason this residential unit in the ground floor was still here and it could not have disappeared by being amalgamated?
4.
Does planning permission would have been necessary to amalgamate this property into a single dwelling house because of this Section 106 agreement and as a consequence the planning department was wrong to grant a lawful development certificate to amalgamate this property into a single dwelling without planning permission?
I have discovered that the ground floor flat was subject to a Section 106 agreement prohibiting its occupiers from applying for a parking permit
1.
What happened to this Section 106 when this property was amalgamated into a single dwelling house?
2.
Does this mean that this propriety could not be a single dwelling house because of this section 106 agreement because if it was a single dwelling house the occupiers of the first floor and of the second floor will be also occupiers of the ground floor? Hence occupiers of the ground floor will be able to apply for a parking permit what this section 106 agreeent prohibits
3.
This Section 106 was not discharged when this property was amalgamated so it was still valid so can we say that for this reason this residential unit in the ground floor was still here and it could not have disappeared by being amalgamated?
4.
Does planning permission would have been necessary to amalgamate this property into a single dwelling house because of this Section 106 agreement and as a consequence the planning department was wrong to grant a lawful development certificate to amalgamate this property into a single dwelling without planning permission?
Recap!
1. Someone has brought the flats next to you and have 'converted' them to a single dwelling. They have done this why!?!
2. For this 'conversion' to take place they have removed two whole doors. How can they get away with this!?!
3. For a block of flats to be considered a single dwelling you believe it needs to only have one bathroom and one kitchen!?!
4. A single dwelling automatically gets PD back so that they can double the size of the single dwelling without using PP. Right!?!
5. The single dwelling can get PP to be converted back into twice as many flats. Right!?!
Scenarios!
1. You *are* the neighbour doing the 'conversion'!
2. You live in a flat next door and are worried your lease holder is going to kick you out and do the same!
3. You applied to convert your house into flats and got turned down.
4. You live alone in a massive house and want to convert it into flats.
a. You can't because house was previously flats.
b. You can't because of a high density of flats in your neighbourhood.
5. You live alone in a massive house and have nothing better to do.
1. Someone has brought the flats next to you and have 'converted' them to a single dwelling. They have done this why!?!
2. For this 'conversion' to take place they have removed two whole doors. How can they get away with this!?!
3. For a block of flats to be considered a single dwelling you believe it needs to only have one bathroom and one kitchen!?!
4. A single dwelling automatically gets PD back so that they can double the size of the single dwelling without using PP. Right!?!
5. The single dwelling can get PP to be converted back into twice as many flats. Right!?!
Scenarios!
1. You *are* the neighbour doing the 'conversion'!
2. You live in a flat next door and are worried your lease holder is going to kick you out and do the same!
3. You applied to convert your house into flats and got turned down.
4. You live alone in a massive house and want to convert it into flats.
a. You can't because house was previously flats.
b. You can't because of a high density of flats in your neighbourhood.
5. You live alone in a massive house and have nothing better to do.
What relevance does this minute legal detail have?
Let's say this latest straw grasp shows some legal ambiguity, do you expect this to have the effect of reversing the decision to convert to single dwelling?
Or are you wanting to convert to a single dwelling and want to tidy up your legal loopholes.
1.
It is an important question. What happen to the Section 106 agreement when the property is amalgamated because the ground floor to which this section 106 applies will not be anymore a separate resident unit?
Does this means that following this amalgamation this Section 106 applies to the entire property preventing any occupiers of this property from applying for a parking permit?
Does the amalgamation will not be able to take place until a new Section 106 has been signed?
2.
Does planning permission is necessary and permitted development could not be granted to amalgamate this property because of this Section 106 agreement and this planning condition due tothe fact that section 3(4) of The Town and Country Planning (General Permitted Development) Order 1995 which says
(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.
Should the owner of this property have informed the planning department of the existence of this planning condition and of this Section 106 agreement when she made an application for a lawful development certificate to amalgamate her property because this planning condition and this section 106 agreement are material information?
3.
If there is a legal ambiguity it will be very good to sort it out.
It is an important question. What happen to the Section 106 agreement when the property is amalgamated because the ground floor to which this section 106 applies will not be anymore a separate resident unit?
Does this means that following this amalgamation this Section 106 applies to the entire property preventing any occupiers of this property from applying for a parking permit?
Does the amalgamation will not be able to take place until a new Section 106 has been signed?
2.
Does planning permission is necessary and permitted development could not be granted to amalgamate this property because of this Section 106 agreement and this planning condition due tothe fact that section 3(4) of The Town and Country Planning (General Permitted Development) Order 1995 which says
(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.
Should the owner of this property have informed the planning department of the existence of this planning condition and of this Section 106 agreement when she made an application for a lawful development certificate to amalgamate her property because this planning condition and this section 106 agreement are material information?
3.
If there is a legal ambiguity it will be very good to sort it out.
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