'illegal' mock-Tudor castle he tried to hide behind 40ft hay bales

Nylontokyo

harryhound wrote: »

You take a picture of yourself and the family doing domestic things, perhaps with one of you ostentatiously reading today's newspaper.
You package up the paper and photo with ostentatious seals and send it to yourself by registered post. Getting proof of delivery.
When push comes to shove, you open the package in court.

That is not absolute but it helps.

Back up witnesses of absolute probity also help (ie a second hand car dealer with convictions for fraud would be counter productive).

Thanks for that Harryhound.

Seriously we have loads of pictures and videos from great family times we have had here. We have all the bills been getting for years plus loads of other letters and other post.

How does one go about getting change of usage?

Obviously I dont want to be the same as Mr Fidler. I want to do it properly.

planning_officer

Yoshua wrote: »

Planning_officer with all due respect you have been proved wrong.

You were very strongly calling what I said rubbish but actually I was right and you were wrong. I wish I had put money on it.

I had it on good authority that it is indeed still standing.

True - it is still there, because Mr Fidler has now applied to the High Court to try and get the decision overturned (i.e. to show the Inspector has erred in considering the law). But I also have it on good authority (from a leading planning barrister!) that he stands next to no chance of winning the appeal, so it will still come down!

planning_officer

Nylontokyo wrote: »

Thanks for that Harryhound.

Seriously we have loads of pictures and videos from great family times we have had here. We have all the bills been getting for years plus loads of other letters and other post.

How does one go about getting change of usage?

Obviously I dont want to be the same as Mr Fidler. I want to do it properly.

Dated photos, invoices, utility bills etc are good, but the best evidence is a signed Statutory Declaration done in the presence of a solicitor (the more the better) - then, unless the Council has conflicting evidence, they should go with your evidence. And of course you can't lie on a Stat Dec, unless of course you want to run the risk of being prosecuted!

It's not a change of use application you would be submitting by the way, it's a Lawful Development Certificate.

planning_officer

Just to clarify the 4 and 10 year 'rules' -

4 years:
- Change of use of a building (not land) to a residential use;
- All operational development (i.e. building works) where no change of use is involved;

10 years:
- Change of use of any building to a use other than for residential;
- Change of use of land to any other use (including residential).

If any development is unlawful, i.e. done without planning permission, and has been ongoing or existing for the relevant period specified above, it becomes immune from enforcement action under the planning legislation (i.e. becomes lawful) and a Lawful Development Certificate can be applied for. This is purely a legal determination with a yes/no answer and the planning merits are not considered. However, it is wholly the responsibility of the applicant to show the development has been in existence for that period of time.

Hope that makes sense... lol

Nylontokyo

planning_officer wrote: »

Dated photos, invoices, utility bills etc are good, but the best evidence is a signed Statutory Declaration done in the presence of a solicitor (the more the better) - then, unless the Council has conflicting evidence, they should go with your evidence. And of course you can't lie on a Stat Dec, unless of course you want to run the risk of being prosecuted!

It's not a change of use application you would be submitting by the way, it's a Lawful Development Certificate.

Thank you Planning-officer you sound like you know your stuff.

I havent got any signed Statutory Declarations done in the presence of a solicitor yet, do you think its worth doing one now.

One question I would be very grateful for your opinion on is -

Does it have to be the same person living there for 4 yrs? What if a son lived there with his family for a few years then his parents lived for a few more years. Would this be just as good as the same people living for the full 4 years?

Much appreciation for your thoughts.

planning_officer

It doesn't matter who has been living there - it's the use of the building that is the issue, not the occupants - so it needs to have been occupied as an independent dwelling for at least 4 years.

However, the ball is wholly within your court to show that it has been used for 4 years, so if there has been more than one occupier it is advisable to get a Statutory Declaration from each of the occupiers, plus any neighbours or friends that have visited regularly - but it's the ones from the residents over the whole 4 year period that are the most important.

harryhound

My local council got shafted by this dodge:
Planning Inspector gives permission personal to the applicant for a breech of use of land for 3 years.
Person with that personal permission promptly sells the land.
New owner pretends to be running the business on behalf of the previous owner if anyone asks.
After about nine and a half years council planning department, with prodding from local residents, wakes up and after ten and a half years organises a public enquiry.
Public enquiry lasts 5 minutes.
Idiot council looks extremely foolish having flushed thousands of public money down the drain.
All planning departments should have a section dedicated to non conforming users and regularly monitor what is happening to that land both physically and legally.

Perhaps Fiddler has sold the castle to his wife's uncle and nobody has noticed?

Harry.

BTW Anyone who thinks that there is not a minority in this country who are prepared to lie on oath, especially in the comfort of a solicitor's office or in the awe inspiring environment of a planning enquiry, then that person does not live in Saff Essex (or make expenses claims at the palace of Westminster:rolleyes:).
I would be fascinated to know how many people have ever been prosecuted for perjury at a planning enquiry?

A bit off thread, but can Planning Officer explain the English definition of a House In Multiple Occupation - that seems to cause a lot of muddle amongst the likes of the student community.

Nylontokyo

How long can he keep putting it off?

Anyone know the dates involved with the high court?

Will it still be standing this time next year?

SilverStandard

What an interesting thread.

Just read it all from start to finish.

Any update, is the castle still there, if so for how long?

Also all those people who were going to do the same thing, please update have you gone ahead with it.

P.S. Love the teletubie house and hobit hole idea, have you started yet?

MrsE_2

SilverStandard wrote: »

What an interesting thread.

Just read it all from start to finish.

Any update, is the castle still there, if so for how long?

Also all those people who were going to do the same thing, please update have you gone ahead with it.

P.S. Love the teletubie house and hobit hole idea, have you started yet?

It was still there Friday on my way to work;)