Property Dilemma – What & Where?

p00hsticks

DairyQueen wrote: »

Thanks for this. My earlier post provides info on our unusual situation. Both properties are primary residences. Mr DQ is only at the house I own at weekends and it has been my primary residence since before we married. I visit the flat he owns about twice a year. It has never been my primary residence but has been his since it was purchased 4 years ago. We have never shared the same primary residence. The properties are in different counties and 50 miles apart.

I haven't a clue whether we are liable for CGT on either property.

I think it would be worth checking this out with an expert. As far as I'm aware (and I'm no expert) a married couple is only allowed one PPR.

DairyQueen

Slinky wrote: »

I
Views generally belong to somebody else and you have not much say in any changes they want to make.

You cannot live in a view, and even if it's very attractive, how long do you actually spend looking at it, particularly if you've lived there any length of time?

Views don't have to be of countryside to be interesting. By chance the view from the kitchen window of our new home (bought for its proximity to shops/services/leisure activities we pursue) is down our close, across a park where we see people walking, playing sport etc, then there are some tennis courts behind with a glimpse of the 2 trains an hour beyond. There's always something different to see, as well as the changing seasons. There is little chance of our view changing substantially as the park is a flood plain for the nearby river.

Our previous home had a view across neighbouring farmland. For 40 years various builders have tried to get permission to build on it. At some point they will, if not it's likely to be the Oxford/Cambridge expressway going through there. We moved because we didn't want to live with either option.

One of the (few) things I love about my current home is the view. The kitchen and rear bedrooms overlook it, as does the garden. I spend a great deal of time looking at it and observing the changing seasons reflected in that landscape.

We have been spared development because the fields are a flood plain. The downside is the flood risk but it's worth it. I know that we have a tiny-to-zero chance of finding another property in this area within walking distance of services, that overlooks fields, and isn't at risk of development. We have to choose between a view and services within walking distance. We have chosen the view.

This will be the dream home and we have spent lots of time discussing must haves/nice to haves/don't cares. We have struggled to reconcile what we want with what's practical and have failed miserably.
Our top five must haves:
- Peace and quiet
- Privacy
- View
- Character
- Rural.

A farmhouse or barn in the middle of a field would be heaven.

[Deleted User]

Agree with DQ.

Only thing the bailiffs cannot take away from you or the prospective buyer of your property is the view.

cfw1994

DairyQueen wrote: »

Thanks for this. My earlier post provides info on our unusual situation. Both properties are primary residences. Mr DQ is only at the house I own at weekends and it has been my primary residence since before we married. I visit the flat he owns about twice a year. It has never been my primary residence but has been his since it was purchased 4 years ago. We have never shared the same primary residence. The properties are in different counties and 50 miles apart.

I haven't a clue whether we are liable for CGT on either property.

Ah, but you said “ The flat is owned outright by OH and has been his primary residence” - then when he sells it, there should be zero CGT, as I understand it....of course I could be wrong, but it is the general rule.

Likewise for yours.
Should be straightforward and CGT-free. Result!

Now crack on, buy the caravan & get your dream home built :eek: :rotfl:

nigelbb

cfw1994 wrote: »

Ah, but you said “ The flat is owned outright by OH and has been his primary residence” - then when he sells it, there should be zero CGT, as I understand it....of course I could be wrong, but it is the general rule.

Likewise for yours.
Should be straightforward and CGT-free. Result!

Not for a married couple who only get primary residence relief on one property.

cfw1994

nigelbb wrote: »

Not for a married couple who only get primary residence relief on one property.

See....I said I wasn't an expert on this ;-)
So....the real trick would be to live in the second one to be sold for 9+ months (down to 18 months from April 2020, right?)?

Larac

Facinating thread this one - I am 56 this year and facing a similar dilemna on where next. I am very conscious that my late parents left it too late - my Dad was nine years older than my Mum and wild horses would not have dragged him from the family home. Unfortunately it was not suitable for his last illness - no downstairs bathroom!. My Mum moved to a Mcarthy Stone flat which when she passed on was a major problem to sell - currently wrestling with deciding where next to move as my current house would be totally unsuitable for old age.

OldMusicGuy

If you are concerned about what might happen regarding development for any potential property you are buying, make sure you do you research. Views can be protected from development, as can adjoining land.

Look for your council's local development plan and also your neighbourhood plan. These will set out the requirements for future development in any area, and where the likely developments will be. If you cannot find either of these, then I would say anything is pretty much open season. However, if either of these plans are in place, it is harder for developers to get planning permission where it's not allowed for in the plan.

Neighbourhood plans are quite important if they exist. They set out a clear vision for how the community and the area will be developed, and AFAIK make it easier for residents to resist planning applications that don't conform with the plan.

The area we are moving to has a neighbourhood plan. From this I can see that the farmland next tour our house is classed as "moderate capacity" for development. So it may be developed but it is effectively priority 3 out of 5 levels of priority classifications, and there is plenty of land available in classifications 1 and 2 to meet the housing needs set out in the council plan for the area through 2038. Also, I can see that the land currently allocated for potential future development for the next 10 years is nowhere near our house.

So although I can't say the farmland next to us will never be built on, it looks very unlikely in the next 10 to 20 years, and there's plenty of other land that could be used ahead of this.

We have nice views to the front of our property from our back garden. The neighbourhood plan includes an assessment of views around the village that "are particularly special to the community and
should be protected from interruption as a result of new development". Our view is one of those so designated, so again I can see that it's highly unlikely that the view will be spoiled.

Of course you can never say never, but finding all this information means that I feel it's very unlikely that opportunistic development will be allowed that would detract from the views and location of the property we are buying in the next 10 to 20 years.

shinytop

OldMusicGuy wrote: »

If you are concerned about what might happen regarding development for any potential property you are buying, make sure you do you research. Views can be protected from development, as can adjoining land.

Look for your council's local development plan and also your neighbourhood plan. These will set out the requirements for future development in any area, and where the likely developments will be. If you cannot find either of these, then I would say anything is pretty much open season. However, if either of these plans are in place, it is harder for developers to get planning permission where it's not allowed for in the plan.

Neighbourhood plans are quite important if they exist. They set out a clear vision for how the community and the area will be developed, and AFAIK make it easier for residents to resist planning applications that don't conform with the plan.

The area we are moving to has a neighbourhood plan. From this I can see that the farmland next tour our house is classed as "moderate capacity" for development. So it may be developed but it is effectively priority 3 out of 5 levels of priority classifications, and there is plenty of land available in classifications 1 and 2 to meet the housing needs set out in the council plan for the area through 2038. Also, I can see that the land currently allocated for potential future development for the next 10 years is nowhere near our house.

So although I can't say the farmland next to us will never be built on, it looks very unlikely in the next 10 to 20 years, and there's plenty of other land that could be used ahead of this.

We have nice views to the front of our property from our back garden. The neighbourhood plan includes an assessment of views around the village that "are particularly special to the community and
should be protected from interruption as a result of new development". Our view is one of those so designated, so again I can see that it's highly unlikely that the view will be spoiled.

Of course you can never say never, but finding all this information means that I feel it's very unlikely that opportunistic development will be allowed that would detract from the views and location of the property we are buying in the next 10 to 20 years.

I've just started doing this and it's very interesting. You can also look at actual planning applications to get an idea of what's going on in the immediate vicinity.

I've also started looking at the flood risk maps as one of the the areas we're looking at is quite low lying.

I hope I'm not being too fussy to actually find somewhere I'd be prepared to move to...

DairyQueen

OldMusicGuy wrote: »

If you are concerned about what might happen regarding development for any potential property you are buying, make sure you do you research. Views can be protected from development, as can adjoining land.

Look for your council's local development plan and also your neighbourhood plan. These will set out the requirements for future development in any area, and where the likely developments will be. If you cannot find either of these, then I would say anything is pretty much open season. However, if either of these plans are in place, it is harder for developers to get planning permission where it's not allowed for in the plan.

Neighbourhood plans are quite important if they exist. They set out a clear vision for how the community and the area will be developed, and AFAIK make it easier for residents to resist planning applications that don't conform with the plan.

The area we are moving to has a neighbourhood plan. From this I can see that the farmland next tour our house is classed as "moderate capacity" for development. So it may be developed but it is effectively priority 3 out of 5 levels of priority classifications, and there is plenty of land available in classifications 1 and 2 to meet the housing needs set out in the council plan for the area through 2038. Also, I can see that the land currently allocated for potential future development for the next 10 years is nowhere near our house.

So although I can't say the farmland next to us will never be built on, it looks very unlikely in the next 10 to 20 years, and there's plenty of other land that could be used ahead of this.

We have nice views to the front of our property from our back garden. The neighbourhood plan includes an assessment of views around the village that "are particularly special to the community and
should be protected from interruption as a result of new development". Our view is one of those so designated, so again I can see that it's highly unlikely that the view will be spoiled.

Of course you can never say never, but finding all this information means that I feel it's very unlikely that opportunistic development will be allowed that would detract from the views and location of the property we are buying in the next 10 to 20 years.

Ah yes, the neighbourhood plan and protected views. Our Local Authority is adept at circumventing any such community obstacles.

A major developer has recently applied for planning consent for a 300-house estate in our village. There is a neighbourhood plan in place, it's a greenfield site and the view is protected. The plan identifies the community's preferred development sites and the site in question is not amongst them.

This is the developer's second attempt at gaining consent. First time they were refused permission at committee despite receiving a big thumbs-up from the planning officer. That planning meeting was scheduled by the planning authority with indecent haste (and ultra suspicious timing) 4 weeks before the neighbourhood plan, 5 years in the making, was due for its final sign-off. The planning committee were, unsurprisingly, heavily lobbied by the community at this blatant stitch-up. The application was refused on the grounds of over-development and protected view.

A year later and the developer is back. Same quantity of houses, same site, same blot on the protected landscape. It is anticipated that the planning authority will be equally gung-ho as on the previous occasion. I anticipate that, this time, they will use the 'deliverability' argument as a 'material reason' to support the developer and subvert the community's wishes. In other words, the developer will be rewarded for their presumption and speculation.

Our planning authority is notorious. Planning law and policy are considered a minor inconvenience to be manipulated and subverted. The interests of businesses and housing developers are paramount. They never (and I mean 'never') take action against breaches of planning by businesses. The cost to objectors of challenging their decisions/inaction is often prohibitive as the only available method is by Judicial Review. This involves the High Court, barristers and tens of thousands in legal fees. It is a costly, stressful, time-consuming and difficult process.

I am (unfortunately) very well-informed as last year I twice successfully challenged our District Council at Judicial Review on this area of planning law. For three years they had blatantly ignored all evidence and legal advice which challenged the outcomes they sought. They went so far as to ignore evidence gathered by their own investigators.

In some areas checking the neighbourhood plan isn't sufficient. An audit of planning applications, decisions, appeals and Judicial Reviews is required. As is chatting to as many residents as possible and reviewing articles in the local paper, social media and community websites.

Our DC operates two policies - the official one (transparent, published, fair, lawful, and ignored) and the real one. To discover the 'real one' you need to live in the area.

My experience suggests that neighbourhood plans, policies and planning laws are only as good as the district in which they are situated. If you have the misfortune to end-up in a 'rogue' area then be prepared to fight. I wouldn't hesitate to take-up the cudgel again as the High Court took a very dim view of the Council's blatantly unlawful and biased behaviour and decisions.

Faith in British legal system restored. Faith in local government permanently destroyed.

Needless to say our due diligence will be exhaustive before we offer on our next property, and it will not be located anywhere within this council's boundaries.