Newbuild Land Dispute Planning Enforcement

RAS

From a practical point of view, SUDS require unimpeded access for the water. It doesn't take much for floating material to block access and cause the water to run into adjacent areas. Your fence is designed as a debris trap which will get blocked very quickly, and the shed and box will divert water, probably towards your house.

daveyjp

newbuildnightmare said:

Hi I have news !!
I have finally had a response from the planning department who state the following and advised us to speak to the builder but also that aside we are still in breach of planning in their opinion.

"Although the affected land was not described expressly on the plans as an area of public open space, it is quite clear that it was intended to be "

This to me is there is no proof at all of the classification of land or they would never have said this on an email.  I have asked again for a meeting where we can discuss and potentially come to an agreement.

To say there was an intention surely is meaningless - everyday i get up and try not to argue with the wife but that isn't a guarantee lol.....any thoughts on this ?

A shocking response.  No explanation whatsoever. Its land reserved for a SUDS system.  Why they haven't stated that is anyones guess.

newbuildnightmare

I think I may have to accept my fate regarding the actual reversal of what I have erected.  My question now is what are my options regarding holding the builder accountable.  My TP1 should have highlighted the that the suds land on the side and front is indeed my property but I have no rights to add anything onto it like a shed or greenhouse and specifically that it is public open space.  They have misrepresented the land on my TP1 by omitting the details that it is classed as public open space.  What are my best steps to resolve this, can I legally force them to compensate me or for them to buy the land back off me and remove it from my TP1?

newbuildnightmare

Also should I have expected my conveyancer to have picked up on this?

MeteredOut

newbuildnightmare said:

I think I may have to accept my fate regarding the actual reversal of what I have erected.  My question now is what are my options regarding holding the builder accountable.  My TP1 should have highlighted the that the suds land on the side and front is indeed my property but I have no rights to add anything onto it like a shed or greenhouse and specifically that it is public open space.  They have misrepresented the land on my TP1 by omitting the details that it is classed as public open space.  What are my best steps to resolve this, can I legally force them to compensate me or for them to buy the land back off me and remove it from my TP1?

You said the TP1 regarding the suds "only stipulated that our responsibility was to ensure free flow of water through the suds which it obviously still does. ". 

Was that the entirety of what was mentioned about it across all paperwork?

On what basis can you state us fact that the builder "TP1 should have highlighted the that the suds land on the side and front is indeed my property but I have no rights to add anything onto it like a shed or greenhouse and specifically that it is public open space."?

Ideally, yes, but if you want to go legal, you have to show that  is the case.

To go legal and get compensation, you'll have to demonstrate loss. What is your loss and how will you quantify that?

GDB2222

MeteredOut said:

newbuildnightmare said:

I think I may have to accept my fate regarding the actual reversal of what I have erected.  My question now is what are my options regarding holding the builder accountable.  My TP1 should have highlighted the that the suds land on the side and front is indeed my property but I have no rights to add anything onto it like a shed or greenhouse and specifically that it is public open space.  They have misrepresented the land on my TP1 by omitting the details that it is classed as public open space.  What are my best steps to resolve this, can I legally force them to compensate me or for them to buy the land back off me and remove it from my TP1?

You said the TP1 regarding the suds "only stipulated that our responsibility was to ensure free flow of water through the suds which it obviously still does. ". 

Was that the entirety of what was mentioned about it across all paperwork?

On what basis can you state us fact that the builder "TP1 should have highlighted the that the suds land on the side and front is indeed my property but I have no rights to add anything onto it like a shed or greenhouse and specifically that it is public open space."?

Ideally, yes, but if you want to go legal, you have to show that  is the case.

To go legal and get compensation, you'll have to demonstrate loss. What is your loss and how will you quantify that?

If the OP has a case, surely it's against his own solicitor?

newbuildnightmare

My loss is access to land to use as a garden and loss of usable domestic curtilage by cica 75% which will reduce the value of the property. 

MeteredOut

newbuildnightmare said:

My loss is access to land to use as a garden and loss of usable domestic curtilage by cica 75% which will reduce the value of the property. 

That’s just words. If you’re going to sue, you need to prove demonstrable losses. What value do you put on that loss and how do you calculate that? Eg, did you pay more for your house compared to others of the same type on the estate because you own the suds area?

What proof do you have that it will reduce the value of your property? It’s a recent purchase of a new build, so likely would currently be valued less than you paid for it.

MeteredOut

GDB2222 said:

MeteredOut said:

newbuildnightmare said:

I think I may have to accept my fate regarding the actual reversal of what I have erected.  My question now is what are my options regarding holding the builder accountable.  My TP1 should have highlighted the that the suds land on the side and front is indeed my property but I have no rights to add anything onto it like a shed or greenhouse and specifically that it is public open space.  They have misrepresented the land on my TP1 by omitting the details that it is classed as public open space.  What are my best steps to resolve this, can I legally force them to compensate me or for them to buy the land back off me and remove it from my TP1?

You said the TP1 regarding the suds "only stipulated that our responsibility was to ensure free flow of water through the suds which it obviously still does. ". 

Was that the entirety of what was mentioned about it across all paperwork?

On what basis can you state us fact that the builder "TP1 should have highlighted the that the suds land on the side and front is indeed my property but I have no rights to add anything onto it like a shed or greenhouse and specifically that it is public open space."?

Ideally, yes, but if you want to go legal, you have to show that  is the case.

To go legal and get compensation, you'll have to demonstrate loss. What is your loss and how will you quantify that?

If the OP has a case, surely it's against his own solicitor?

What would that claim be? I’ve seen nothing to suggest the OPs solicitor said they could build on the suds area, or remove fences to make it part of their garden.

Section62

MeteredOut said:

GDB2222 said:

MeteredOut said:

If the OP has a case, surely it's against his own solicitor?

What would that claim be? I’ve seen nothing to suggest the OPs solicitor said they could build on the suds area, or remove fences to make it part of their garden.

Not sure it is sufficient for a claim, but in the first post -

The OP said:

...In the process of buying the property we asked our solicitor to check with the builders that we could erect a fence to enclose it and add a shed / greenhouse etc.  The Builders solicitor said yeas this is fine as he was writing the covenants for the TP1 which only stipulated that our responsibility was to ensure free flow of water through the suds which it obviously still does.  

We moved in and a couple of weeks later erected the fence, shed and greenhouse.  A couple of months later planning enforcement turn up and say that we are using land designated as a public open space and as such we have changed the use of the land.  Their argument is that whilst it may be on our TP1 within our boundary it is still public open space.  Checking back with both solicitors they both confirm this isn't the case and there is no mention that this suds or any other on the development is public open spaces....

Given a specific request, it would be surprising if the OP's solicitor didn't offer some kind of guidance on the planning situation, or suggest the OP would need to check themselves whether planning consent would be required for building on land which appears likely to be outside the curtilage of the property, and/or on land allocated for a communal use.

Solicitors wouldn't necessarily give planning advice themselves, but if asked to make specific enquiries about changing a fence (including along a highway boundary) on a newbuild development you'd think a solicitor might mention "you'll need to check that with planning", rather than relying on the response from the builder's solicitor.