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ripplyuk
Posts: 2,888 Forumite
The house is owned (leasehold) by my MIL and three of her sons. It has been in the family since 1910. They run a business on the ground floor and live above it. Recently a nearby shop put in a planning application for a huge extension. My MIL is concerned this will affect light levels in her house so put in an objection to the council. They have written back with this:
"I refer to your email dated 15th Aug expressing concerns regarding the above proposal.
In order to assist the Planning Authority with the assessment of the case can you provide details of when the upper floors of (her address) received planning permission to be used as residential accommodation as we cannot trace any records for such a permission.
Also can you provide details of how this unit is accessed, as it is not clear from walking around the site."
Is this something she should be concerned about? She already is, but I would love to be able to put her mind at rest. She has no idea about when/if planning was granted. The actual structure of the house has not changed since 1910 and is listed in the 1911 census showing residents living in it.
A few days later, she also received a letter from the Statistics and Research Agency requesting "a visual check of the property to verify that the address details we hold are correct". She believes that the two are linked and is very worried that she is in some sort of trouble.
Any advice would be appreciated.
"I refer to your email dated 15th Aug expressing concerns regarding the above proposal.
In order to assist the Planning Authority with the assessment of the case can you provide details of when the upper floors of (her address) received planning permission to be used as residential accommodation as we cannot trace any records for such a permission.
Also can you provide details of how this unit is accessed, as it is not clear from walking around the site."
Is this something she should be concerned about? She already is, but I would love to be able to put her mind at rest. She has no idea about when/if planning was granted. The actual structure of the house has not changed since 1910 and is listed in the 1911 census showing residents living in it.
A few days later, she also received a letter from the Statistics and Research Agency requesting "a visual check of the property to verify that the address details we hold are correct". She believes that the two are linked and is very worried that she is in some sort of trouble.
Any advice would be appreciated.
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Comments
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Well if she (or the family) have been living there since 1910, it is far too late for the LA to enforce planning restrictions on residential use.
Quite possible they just want to verify that upstairs IS residental - if it were not, her objection to the neighbour's application would probaby be disregarded.
However there may be implications on Council Tax. Has she been paying just Business Rate for the downstairs business, or Council Tax as well (upstars)?
Never heard of the S&RA !0 -
Is the property in N Ireland?I am a LandLord,(under review) so there!:p0
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Yes, it is in Northern Ireland.
The rates (same as council tax I think!) for the business and the house are paid separately. They used to be paid altogether but the family put in a request to have them listed as separate addresses, a few years back. This address change never seemed to officially happen but separate rates bills now arrive for each.0 -
Just tell them it's been like that since 1910. I wouldn't worry about it.0
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Just tell them it's been like that since 1910. I wouldn't worry about it.
That wouldn't tie in with in the information the council have though if the change for rates was only requested a few years ago - it's discrepancies like that which will probably be queried further.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
That wouldn't tie in with in the information the council have though if the change for rates was only requested a few years ago - it's discrepancies like that which will probably be queried further.
The house was the same before this change was requested. She just thought it would be good to have separate addresses for the house and the business below.
I'm just worried about telling her it's all fine, and then it ends up that there is some problems/hassle.0 -
The house was the same before this change was requested. She just thought it would be good to have separate addresses for the house and the business below.
I'm just worried about telling her it's all fine, and then it ends up that there is some problems/hassle.
It may well have been but if they have a specific purpose in mind it's something the council will question as to why it only happened then. They really need to try and find out what the council are trying to achieve to determine if there's going to be any problems.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
They really need to try and find out what the council are trying to achieve to determine if there's going to be any problems.
Is there any way to do that without actually asking the council? Is it just a risk she'd have to take?
She isn't trying to avoid paying the correct rates or anything like that. She's just scared that she'll end up paying for some sort of mistake from generations ago.0 -
Is there any way to do that without actually asking the council? Is it just a risk she'd have to take?
She isn't trying to avoid paying the correct rates or anything like that. She's just scared that she'll end up paying for some sort of mistake from generations ago.
I think the only way is to ask them directly, unfortunatelyI no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
A few days later, she also received a letter from the Statistics and Research Agency requesting "a visual check of the property to verify that the address details we hold are correct". She believes that the two are linked and is very worried that she is in some sort of trouble.
Any advice would be appreciated.
The organisation is responsible for the collection and publication of statistics related to the economy, population and society of Northern Ireland.0
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