Planning Enforcement Notice on the property i am trying to purchase

helenjackson1987

We are (hopefully) buying a property, which we found out after solicitors were instructed, that the garden is on a separate title. This in itself is not an issue, however when the garden was originally purchased it was bought from a farmer so was legally considered grazing land. In 1993 the parents of the vendors (they passed away and the vendors inherited the property) applied to the Council for change of use to a garden. They were refused twice – one application in March 1993 and one application in august 1993. In April 1994 they lodged an appeal against the refusal and that was also dismissed.

This didn’t seem to deter the owners at the time and they just continued to use it as a garden so in 1995, they were served with an enforcement notice from the council. According to the current vendors, they never ceased using it as a garden and no further action has been taken against either sets of owners in the resulting 23 years. This has been a breach in plain sight and the Council dont appear to have ever followed up the enforcement notice. I know that you have 10 years from the date of the breach after which no enforcement action can be taken, however do the 10 year rule also apply if the council didnt follow up on their own enforcement notice for 23 years?

Thank you in advance

SmashedAvacado

Think about this:

They may have committed a criminal offence in breaching an enforcement notice, if that is what they have done.

If you buy the property you will be potentially guilty of a money laundering offence as will your seller as will the bank.

The bank and your lawyer will probably need to do a POCA notification

I would be asking the seller to get confirmation from the council that no further action will be taken / or actual permission before buying. Without this, you probably can't buy.

Doozergirl

Trying to find the link between a 23 year old planning enforcement notice and money laundering. I'm failing.

SmashedAvacado

Breath of an enforcement notice is a crime

Selling property where it’s value in part derives from a criminal offence is dealing with the proceeds of crime

davidmcn

SmashedAvacado wrote: »

Breath of an enforcement notice is a crime

Selling property where it’s value in part derives from a criminal offence is dealing with the proceeds of crime

Tremendously tenuous, and in any event the current vendors aren't the ones on whom the notice was served.

If the vendors have evidence of 23 years' use then presumably they could now apply for a certificate of lawfulness from the planners.

Doozergirl

SmashedAvacado wrote: »

Breath of an enforcement notice is a crime

Selling property where it’s value in part derives from a criminal offence is dealing with the proceeds of crime

Sorry, but :rotfl:.

I don't know the answer but I know it isn't that.

Planning haven't enforced their enforcement action. The worse case scenario is that the OP at some point has to return the land to grazing. I suspect that the vendor could have gotten away with it over what sounds like over two decades of use as a garden and a certificate of lawful development could be applied for, but there's the whole indemnity policy thing which only really serves to stop people from actually sorting the issue out properly.

We used to have a planning officer on the boards many moons ago, it's shame we don't still. A google of whether a planning enforcement notice ever expires only brings me to paid-for professional forums for solicitors, so it's certainly an unusual case.

noh

davidmcn wrote: »

Tremendously tenuous, and in any event the current vendors aren't the ones on whom the notice was served.

If the vendors have evidence of 23 years' use then presumably they could now apply for a certificate of lawfulness from the planners.

The notice is attached to the property. The current owners are potentially commiting an offence by not complying with the notice.

Freecall

noh wrote: »

The notice is attached to the property.

After 23 years?


What is it made of, engraved stainless steel?

Tiglet2

The enforcement notice may have been served "in perpetuity".

I think the sellers need to obtain confirmation from the Council that after 23 years, they would no longer take any further action for the breach.

noh

Some information here in paragraph 2.14
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7707/321199.pdf

more here
http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=13704%3Ahow-to-prosecute-a-breach-of-an-enforcement-notice&catid=63%3Aplanning-articles&Itemid=31

Cakeguts

I would think that the sensible cause of action would be to assume that the council could apply another enforcement notice when they realise that the property has changed hands.