What could 'they' do?

[Parrotface]

Wanted to pose a question here that's a bit hypothetical.

I am in the process of applying for planning permission to upgrade an old wooden building on our land.

we want to install a new bathroom/kitchenette and use for holiday lets.

Say that planning permission were to be denied for holiday lets, they wouldn't be able to demolish the property because it's been here 90 years.....but what could they do if we just went ahead and did it anyway???

 

[^woody^]

They could injunct against its use for holiday lets, and require you to only use it for its original use, or apply for a decision on its permissible use. If that includes removing the work done then you will have to do that.

 

[Parrotface]

Ok. Thanks Woody interesting to know.

Another angle that a friend mentioned was to get information from the valuations office agency. Could I show them the building and get it rated? What would they require, evidence wise to rate this? And if it were rated by them, would that then stop permission being required???

 

[freddiemercurystwin]

Eh? Of course not.

 

[Parrotface]

Well thanks for that incredibly scientific response, Mercury.

I did contact the local ratings agency who said yes they'd come and inspect and put it in a band. I asked directly if the thing needed p.p and she said no, we have no contact with them, that's your call. I got around to wondering if you are given any credit if paying council tax even thought there is no planning permission. (Bearing in mind that this can only be developed as its passed the statute of limitations having been here for 90 years and has its own title deed). Any thoughts?

 

[^woody^]

The only ones who can decide the use of the building are the planners.

Getting a valuer involved has no use at all. They can't even rate it without knowing it's lawful use.

Edit. Stupid auto text .. should have been "can't even rate it"

 

[Parrotface]

and require you to only use it for its original use, or apply for a decision on its permissible use.

Woody, many thanks again for your advice. On the quote above: if it went a step further if I continued use, where (what type of legal action) would be taken?

What order could be given in this situation? It is after all bonafide in the sense it's been there a long time. Would an independent arbitrator be called to give a decision on its future use?

 

[^woody^]

It's been covered in you're last thread on this.

Planners will either enforce or not depending on how serious they think the breach is. There is no arbitration, just a mechanism to appeal a planning decision.