Nightmare Neighbour and Temporary Accomodation
November 17, 2023 by JimmyH77 in forum Planning Forum
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#2142 JimmyH77, 17 November 2023, 19:10
Dear Forum
Im hoping you can help with a situation that we find ourselves in.
2 years ago we bought a farm with an adjoining barn conversion. One of the sellers (2 different owners) wasn’t ready to move so we rented the barn conversion back to them for a 6 month period. This ended over 12 months later after courts and solicitors were involved as we couldn’t get her out, she even managed to get out of the eviction due to a loop hole, costing us thousands in court and solicitor fees. She is a particularly unpleasant woman (in her 70s!) who took our genuine offer to help her out and threw it back in our face.
The seller retained a piece of land next to us with a barn and a plot with planning permission. She had the barn converted (without PP) and moved in. The barn conversion had new windows that looked into our yard and access via our farm yard which is for Agricultural purposes only. The enforcement team were involved and she was forced to apply for permission retrospectively, claiming that the new barn conversion was going to be retained as ancillary (A hydro therapy area a la captain tom) to the main accommodation that she planned to build and that it would be used as temporary accommodation while the build took place
Planning has since advised that she will be unlikely to get permission to retain it post build and she should focus on a temporary permission while she builds. Which is now on the latest planning portal page. Planning informed us that this will likely be managed through a legal agreement with the applicant.
Im keen to hear from anyone that has ever been in a similar situation and if they were able to successfully object to temporary usage and on what grounds? Any loop holes that I should be aware of?
I can say how much sympathy I have for people that go through planning disputes (on both sides) they hang over you and consume most of your thoughts and the worse part is everything takes so long.
If you want to check out the saga, take a look here: https://apps.westdevon.gov.uk/PlanningSearchMVC/Home/Details/232345
Im hoping you can help with a situation that we find ourselves in.
2 years ago we bought a farm with an adjoining barn conversion. One of the sellers (2 different owners) wasn’t ready to move so we rented the barn conversion back to them for a 6 month period. This ended over 12 months later after courts and solicitors were involved as we couldn’t get her out, she even managed to get out of the eviction due to a loop hole, costing us thousands in court and solicitor fees. She is a particularly unpleasant woman (in her 70s!) who took our genuine offer to help her out and threw it back in our face.
The seller retained a piece of land next to us with a barn and a plot with planning permission. She had the barn converted (without PP) and moved in. The barn conversion had new windows that looked into our yard and access via our farm yard which is for Agricultural purposes only. The enforcement team were involved and she was forced to apply for permission retrospectively, claiming that the new barn conversion was going to be retained as ancillary (A hydro therapy area a la captain tom) to the main accommodation that she planned to build and that it would be used as temporary accommodation while the build took place
Planning has since advised that she will be unlikely to get permission to retain it post build and she should focus on a temporary permission while she builds. Which is now on the latest planning portal page. Planning informed us that this will likely be managed through a legal agreement with the applicant.
Im keen to hear from anyone that has ever been in a similar situation and if they were able to successfully object to temporary usage and on what grounds? Any loop holes that I should be aware of?
I can say how much sympathy I have for people that go through planning disputes (on both sides) they hang over you and consume most of your thoughts and the worse part is everything takes so long.
If you want to check out the saga, take a look here: https://apps.westdevon.gov.uk/PlanningSearchMVC/Home/Details/232345
#2143 Damian, 17 November 2023, 21:26
You would be better off speaking to and seeking the advice from a local Planning Consultant.
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