Council owned ransom strip - 2nd house

helloall

davidmcn wrote: »

They can, as long as they receive at least the best consideration reasonably obtainable - they're under no obligation to even contemplate selling you land or access rights.

With respect, that is not the legal advise that I've been given.

AnotherJoe

helloall wrote: »

LOL..or something stronger!

The problem is that the council are refusing to negotiate.
.

Could your negotiation not be that you state to the council that if its £40k that makes the pricing unaffordable,so they wont get that money, but if it was (say) £15k then its affordable and also what the rules say (restating the argument you made earlier here) you can go ahead. And see if they will negotiate you up to £20k or £25k or whatever your maximum is.

helloall wrote: »

My solicitor is advising contacting the local ombudsman and seeking a judicial review - all sounds drawn out and stressful.

But might save you £25k by your estimate? Well then do that if the first approach fails.

theartfullodger

In response to my comment

Yes, I do have views on the way forward: Pay their charge.

you replied...

helloall wrote: »

The council are governed by law to achieve 'best consideration reasonably obtainable' - they can't simply think of a number and demand it.

I have a formal RICS Red Book valuation report of the new house completed value, plot value, reduced value of existing house due to losing side garden etc.
Using these formal valuations and then applying case law of 1/3 of increase value, the amount is £15k. I would accept that.

I understand that council's are financially stretched, but don't accept that they can hold (some) people unreasonably to ransom.

You asked if anyone had views of the way forward: It's a way forward & one I continue to suggest - pay the charge- , notwithstanding your further remarks on the matter...

Expecting local (or any other branch..) of government to behave in the way you would wish is likely to lead to disappointment...

Cheers!

Nobbie1967

helloall wrote: »

LOL..or something stronger!

The problem is that the council are refusing to negotiate.

My solicitor is advising contacting the local ombudsman and seeking a judicial review - all sounds drawn out and stressful.

Maybe a solicitors letter laying out in detail your case for a reduced charge and asking for a meeting to discuss the issue with caveat that if they are unwilling to move on the issue that you will take the legal route. This may be enough to get them negotiating as they will not want a court case unless they have good grounds for their current position.

Ask your solicitor whether they could take on the case on a conditional fee basis if they are confident of being sucessful.