Don't be heartless, it's weekend 
LDC garden house and change of use to private dwelling
- Thread starter martiangirl
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I have no worry about income tax,,all income has been declared for years
Well that might help on the evidence front!
If it comes to it ...
If it comes to it ...
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I am not sure about it as evidence though, I ve been claiming a rent a room allowance so it may be construed as being part of the household. I do have rent book receipt and 4 signed tenancy agreements ( I cant find the other 3 but have a leaving notice and written notes about late payment ) Should be enough as evidence I think.
tony, I seem to recall a thread by where woodplops seemed to be of the opinion that it is for the council to prove things not the building owner? Your thoughts? Though I always thought it was for the building owner.
Actually I do remember that thread. Someone posted a link to the website of a firm of planning consultants.
Among the advertising guff, it stated that you have to prove 'to the satisfaction of the council' that your development is lawful.
That really got up my nose because the householder doesn't owe the council an explanation and doesn't have to prove anything (remember it's not an offence not to apply for planning permission). If the planning dept. don't like something, it's up to them to take action and get the evidence themselves.
Of course, it doesn't preclude anyone voluntarily giving their evidence to the council in the hope of averting the service of an EN, but that's up to the individual.
In serving an EN, the council has to be careful because if they act unreasonably, they could be saddled with the costs of an appeal.
(the reason I remember that thread was because I got that rare accolade - a "thanks" from Woody
)
Among the advertising guff, it stated that you have to prove 'to the satisfaction of the council' that your development is lawful.
That really got up my nose because the householder doesn't owe the council an explanation and doesn't have to prove anything (remember it's not an offence not to apply for planning permission). If the planning dept. don't like something, it's up to them to take action and get the evidence themselves.
Of course, it doesn't preclude anyone voluntarily giving their evidence to the council in the hope of averting the service of an EN, but that's up to the individual.
In serving an EN, the council has to be careful because if they act unreasonably, they could be saddled with the costs of an appeal.
(the reason I remember that thread was because I got that rare accolade - a "thanks" from Woody
)this is interesting!..
"remember it's not an offence not to apply for planning permission). If the planning dept. don't like something, it's up to them to take action and get the evidence themselves. "
I didn't realise the onus was on the council to show the use is not lawful. In my case I admitted the place has been rented out already. I am not sure how they could obtain evidence, presumably by taking witness statements from neighbours or by staking out the property
So I guess they do need to be careful so as not to accuse anyone of anything unreasonable
"remember it's not an offence not to apply for planning permission). If the planning dept. don't like something, it's up to them to take action and get the evidence themselves. "
I didn't realise the onus was on the council to show the use is not lawful. In my case I admitted the place has been rented out already. I am not sure how they could obtain evidence, presumably by taking witness statements from neighbours or by staking out the property
So I guess they do need to be careful so as not to accuse anyone of anything unreasonable
I ve been reading legal guidance pages in respect of planning matters issued by the government and it mentioned the following in section 2.22 :
"When serving enforcement notices, the LPA should ensure that any known mortgagees are served with a copy. In cases where the owner of the land is a defaulting mortgagor it may not be possible to locate him or her, and the mortgagee-in-possession will need to be made aware of the situation. In accordance with section 173A(3) of the 1990 Act, a mortgagee should also be notified of any withdrawal of a notice, or the waiving or relaxation of any requirement."
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7707/321199.pdf
If the council decides t issue me with enforcement notice is this likely to be served on the mortgage provider too?..is this the on-going practice?
I never considered that angle.
"When serving enforcement notices, the LPA should ensure that any known mortgagees are served with a copy. In cases where the owner of the land is a defaulting mortgagor it may not be possible to locate him or her, and the mortgagee-in-possession will need to be made aware of the situation. In accordance with section 173A(3) of the 1990 Act, a mortgagee should also be notified of any withdrawal of a notice, or the waiving or relaxation of any requirement."
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7707/321199.pdf
If the council decides t issue me with enforcement notice is this likely to be served on the mortgage provider too?..is this the on-going practice?
I never considered that angle.
Yes, if the LPA issues an E.N., they have to give it to all persons with an interest in the property.
Some councils send you a Planning Contravention Notice, (PCN) which is basically just a questionaire asking for info. on owners/occupiers/mortgage providers etc and also asking when the alledged contravention started.
While this is not a formal Enforcement Notice, it is an offence not to complete and return a PCN within a set period, so watch for that one.
If you've told the visiting planning officer that it's been rented out for over 4 years and you've got proof etc etc, FWIW my guess is that Legal will think twice before allowing the Enforcement dept to serve an E.N.
Some councils send you a Planning Contravention Notice, (PCN) which is basically just a questionaire asking for info. on owners/occupiers/mortgage providers etc and also asking when the alledged contravention started.
While this is not a formal Enforcement Notice, it is an offence not to complete and return a PCN within a set period, so watch for that one.
If you've told the visiting planning officer that it's been rented out for over 4 years and you've got proof etc etc, FWIW my guess is that Legal will think twice before allowing the Enforcement dept to serve an E.N.
thanks toni1851, I shall look out for PCN if they decide t go ahead with it all, as you say they may think twice.
I ve spend most part of the day researching planning laws and came across this blog written by a solicitor specialising in planning law. It has answered several of my questions. Other readers here may also find it useful :
http://planninglawblog.blogspot.co.uk/2011/08/permitted-development-for-outbuildings.html
http://planninglawblog.blogspot.co.uk/2011/08/permitted-development-for-outbuildings.html
Looks like you're good to go then.
(I wasn't aware of the change in the law that after the 4-year period it is not just immune from enforcement but actually becomes lawful; learn something every day. Thanks).
(I wasn't aware of the change in the law that after the 4-year period it is not just immune from enforcement but actually becomes lawful; learn something every day. Thanks).
I am not counting my chickens yet,,it will depend on how the council interprets the law.
Remember that the council is not the final arbiter of the law; council officials can - and often do - get things wrong.
But perhaps better to show them things like extracts from that blog, if it stops them issuing and E.N. in the first place.
But perhaps better to show them things like extracts from that blog, if it stops them issuing and E.N. in the first place.
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