Permitted development rights if no council tax band

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I would like to know if a property which does not have council tax band because it is not habitable could have permitted development rights
 
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This property has changed several times from houses to block of flats and vice versa. The issue is what it was when work inside destroyed all and the issue is here if a property was considered as used as single house could still be considered as a single dwelling house when noone could live in it in this case has still permitted development rights
 
A property has its council tax band deleted because it has failed the ‘hereditament test’ because it is not habitable anymore so it is not considered anymore as a dwelling. The issue is whether a property which is not anymore a dwelling can have permitted development rights
 
The legislation covering Council Tax will be different from the Town and Country Planning Act.
If the council tax dept believes a house to be non-habitable, that does not make it not a house for the purposes of Planning Legislation.
 
Can you expand a little bit and explain which difference in the Town and Country Planning Act and in the Council Tax regulation will mean that if the council tax dept believes a house to be non-habitable, that does not make it not a house for the purposes of Planning Legislation
 
The legislation used to determine and collect Council Tax is the Local Government Finance Act.

The legislation used to develop property is the Town & Country Planning Act.

Just because a property is not recognized as being able to be occupied in one form of legislation does not mean it has to be recognized in another.
 
I find the following in the Internet can you comment on it

“No statutory definition of a dwelling house existed, but Gravesham Borough Council v Secretary of State for the Environment (1982) 47 P&CR 142, provided the most commonly used description - that of a building affording the facilities required for day-to-day private domestic existence”.
 
This means that there is no official definition of a “dwellinghouse”. I have looked and I have not found it. However if you know one and in this case I would be grateful to you if you pass it to me

Hence a dwellinghouse is a building which contains the necessary facilities so that people are able to live in it for example kitchen, bathroom and toilet. Hence if a property does not have anymore these facilities it is not a dwellinghouse and I think that as a consequence it could not have permitted development rights. Unless I am wrong in this case explain me why?
 
You are correct in that there is no statutory definition of the word 'dwellinghouse', and the Gravesham case is frequently cited.

However, simply removing kitchen or bathroom fittings from a dwelling does not mean it ceases to be a dwelling.

For example, if a developer buys an old house with a view to refurbishing it, one of the first things he does is to remove the old bathroom and kitchen fittings ready for replacements. But say he suddenly dies before he can go any further. Say there are disputes over his will; whilst his heirs are squabbling over the estate, the house he was working on remains empty, minus its kitchen and bathroom. But it is still a dwellinghouse for the purposes of the Town and Country Planning Act. Otherwise, what else could it be classed as??
 
You are correct in that there is no statutory definition of the word 'dwellinghouse', and the Gravesham case is frequently cited.

However, simply removing kitchen or bathroom fittings from a dwelling does not mean it ceases to be a dwelling.

For example, if a developer buys an old house with a view to refurbishing it, one of the first things he does is to remove the old bathroom and kitchen fittings ready for replacements. But say he suddenly dies before he can go any further. Say there are disputes over his will; whilst his heirs are squabbling over the estate, the house he was working on remains empty, minus its kitchen and bathroom. But it is still a dwellinghouse for the purposes of the Town and Country Planning Act. Otherwise, what else could it be classed as??
And this may qualify as a non habitable dwelling for the purposes of collecting Council Tax.
 
This is going to be about the same issue as all your other posts, isn't it? Instead of asking grand theoretical questions, why not explain what your specific grievance is, and what you want to happen? Or post a picture of your cat. Or you're a spambot.

cheers
Richard
 

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