Planning Enforcement Notice on the property i am trying to purchase

SmashedAvacado

In short - you need the council to confirm that they are not going to take action. If they don’t I think you have a problem. It’s not insurable

helenjackson1987

Right, but that isn't my responsibility, that's the seller right?

SmashedAvacado

Yup. Absolutely

EachPenny

Doozergirl wrote: »

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.

It isn't an area I really ever got deeply involved in, but I know that Section 181(2) has the effect that an enforcement notice requires the enforced against activity to be "discontinued permanently". (we needed to stop a car boot sale operating somewhere).

As far as I know the planning authority don't need to take any enforcement action for the enforcement notice to remain valid.

I also believe that a certificate of lawful development cannot be obtained if the development is one an enforcement notice has been issued against. The relevant legislation for that I think is Section191(2)(b).

But it really depends exactly what notice has been issued, and what happened as a result.

Former agricultural land being taken into people's gardens comes up quite often. The planning authority cannot make you use the land for agricultural purposes, but what tends to happen is they require the land to be clearly separate from the 'garden' (e.g. fenced off) and for it to be used only for non-domestic purposes. What many people do is to put it down to grass and plant some trees. So long as you don't make it ornamental you are likely to get away without having a change of use.

helenjackson1987 wrote: »

My solicitor is seeking to get a copy of the enforcement notice and we will review after we get it...

This is the most important thing. You need to know exactly what the notice says, when it came into force, if there is a time limit, and you also need to know if any enforcement action was subsequently taken.

Davesnave

EachPenny wrote: »

Former agricultural land being taken into people's gardens comes up quite often. The planning authority cannot make you use the land for agricultural purposes, but what tends to happen is they require the land to be clearly separate from the 'garden' (e.g. fenced off) and for it to be used only for non-domestic purposes. What many people do is to put it down to grass and plant some trees.

From a practical POV, the above is what many people do. If the trees are fruit, it's an orchard. It's possible to have an allotment as well, because that will fall within the bounds of being 'agricultural.'

I don't know what sort of access councils have to satellite imagery, but goverment departments know exactly what changes are occurring on farm land. When I have made small changes, and I mean really small, these have been reflected within 18 months or so on the RPA mapping.I don't even take any money from the Rural Payments Agency.

EachPenny

Davesnave wrote: »

From a practical POV, the above is what many people do. If the trees are fruit, it's an orchard. It's possible to have an allotment as well, because that will fall within the bounds of being 'agricultural.'

And if the trees aren't fruit then it is 'biomass'

Davesnave

EachPenny wrote: »

And if the trees aren't fruit then it is 'biomass'

Oh yes, we have those as well!:rotfl: