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Can I contact Council for extension application when Indemnity Insurance is in place?
Comments
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Thanks, sonastin, what you said makes sense to me. But according to kingstreet and G_M, it seems I cannot contact Council for any future work. Do I miss anything?
You can't contact the council for future work and expect to rely on the insurance policy if the council end up taking enforcement action against you as a result of making contact. But so what? What are you expecting the insurance policy to do for you?
You need to think about it in REAL terms, not just vague legal concepts - what is really going to happen as a consequence of a) you submitting a planning application and b) not having an indemnity policy to cover your backside if you do.
I'd take living in an improved house any day over avoiding the miniscule risk that after 10 years, the council decide that actually they really want you to put that hedge in. But if they did decide to push for it, I'm guessing that putting the hedge in would be an adequate remedy and you're not likely to be fined for purchasing the house without it provided you agree to rectify their mistake. And if you're doing building works, you're probably going to have to make changes to the drains in some way anyway so they'll get that info as part of the work you're planning so they won't stress about the builder not providing it 10 years ago.
Realistic consequences of drawing the council's attention to the failure to comply with planning conditions - not to much of a worry in my opinion. Unless you end up with the most pedantic of councils with an unlimited prosecution budget and you catch them on a REALLY bad day. What are the chances of that?!0 -
Work was done 10 years ago.
Ask your solicitor whether you or the vendors should apply for a certificate of lawful development. I believe that, after 10 years, grant is mandatory, ie the council have to give it. Details here:
http://www.communities.gov.uk/documents/planningandbuilding/pdf/developmentcertificates.pdfNo reliance should be placed on the above! Absolutely none, do you hear?0
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