iramnj
18-03-2008, 21:38 PM
I have an oral inquiry coming up, it’s related to an issue I previously posted,
Basically to cut a long story short:
The property is a terraced house, with two floors; there is a kitchen on each floor. The council have issued an enforcement notice against me for converting property into two self contained units
Detailed facts:
I initially applied for change of use- two convert use of property into two flats- this was refused in November 2006, the council told me to tear down duplicate fittings and fixtures, including the second kitchen on the first floor. Around Feb 2007, The development officer threatened me with enforcement action if I did not remove the second kitchen even after I told him the kitchen existed there from before. So I tore it down and covered the supply fixtures, so the development officer come to inspect it again and was satisfied that I had complied.
In around June- July 2007 I reinstalled the kitchen units to the supply fixtures that remained and for no more then 4 weeks I put separate tenants in the property. They applied for separate council tax, the council planning and control department somehow found out and come to visit the property again and found that I had put the kitchen back up, and concluded I had changed use of property to two flats without PP.
I immediately put everything right- the property was immediately (within 4 weeks) reverted to use as a single dwelling, although I did not agree to tear down the kitchen, and I explained to planning department the officer had wrongly told me to tear down the kitchen to unnecessary cost last time, even though I was legitimately entitled to retain the second kitchen, the council told me I would need to prove the kitchen existed there before.
I got evidence from the previous occupant who had lived there for nearky 40 years, she gave evidence the second kitchen had existed for many years, over 20 at least, and although it was derelict, the fixtures and fittings were present at the time she sold the property to me. I also got a letter from the builder who confirmed when he worked on the property for me their was a second kitchen already present. The council did not seem to take notice of this evidence even after they requested it.
The council gave me an enforcement notice in October 2007, for breaching PP, namely changing use of property into two flats, I rejected this and appealed now its ending in an oral inquiry scheduled for the summer. I have no legal advisor because I cannot afford one.
My main argument is that the second kitchen existed when I purchased the property, and the fittings and supplies also existed, for many years before I purchased the property. The previous occupant has agreed to be a witness and testify to this effect. The council are arguing that the property has been converted into two separate self contained units, but this is not the case, and their evidence is unclear.
Those were the facts now the query:
I appealed on grounds b) and d). I did not appeal on ground a) because I am not seeking PP because I don’t need it, the so-called development, i.e. second kitchen has existed over 10 years.
But now I am unsure if I have made my appeal on the right grounds. The time for paying the fee on ground a) lapsed a week ago and I can not now appeal on ground a). How do I make my facts relevant? How do I prove grounds B and D? I am more uncertain about how I should prove ground B.
My caseworker at the inspectorates office is pretty unhelpful, I respect they are constrained with what advice they can give, but I cannot afford to pay for legal advice, and am really stuck, my next statement is due this Thursday so Your help is much appreciated.
Basically to cut a long story short:
The property is a terraced house, with two floors; there is a kitchen on each floor. The council have issued an enforcement notice against me for converting property into two self contained units
Detailed facts:
I initially applied for change of use- two convert use of property into two flats- this was refused in November 2006, the council told me to tear down duplicate fittings and fixtures, including the second kitchen on the first floor. Around Feb 2007, The development officer threatened me with enforcement action if I did not remove the second kitchen even after I told him the kitchen existed there from before. So I tore it down and covered the supply fixtures, so the development officer come to inspect it again and was satisfied that I had complied.
In around June- July 2007 I reinstalled the kitchen units to the supply fixtures that remained and for no more then 4 weeks I put separate tenants in the property. They applied for separate council tax, the council planning and control department somehow found out and come to visit the property again and found that I had put the kitchen back up, and concluded I had changed use of property to two flats without PP.
I immediately put everything right- the property was immediately (within 4 weeks) reverted to use as a single dwelling, although I did not agree to tear down the kitchen, and I explained to planning department the officer had wrongly told me to tear down the kitchen to unnecessary cost last time, even though I was legitimately entitled to retain the second kitchen, the council told me I would need to prove the kitchen existed there before.
I got evidence from the previous occupant who had lived there for nearky 40 years, she gave evidence the second kitchen had existed for many years, over 20 at least, and although it was derelict, the fixtures and fittings were present at the time she sold the property to me. I also got a letter from the builder who confirmed when he worked on the property for me their was a second kitchen already present. The council did not seem to take notice of this evidence even after they requested it.
The council gave me an enforcement notice in October 2007, for breaching PP, namely changing use of property into two flats, I rejected this and appealed now its ending in an oral inquiry scheduled for the summer. I have no legal advisor because I cannot afford one.
My main argument is that the second kitchen existed when I purchased the property, and the fittings and supplies also existed, for many years before I purchased the property. The previous occupant has agreed to be a witness and testify to this effect. The council are arguing that the property has been converted into two separate self contained units, but this is not the case, and their evidence is unclear.
Those were the facts now the query:
I appealed on grounds b) and d). I did not appeal on ground a) because I am not seeking PP because I don’t need it, the so-called development, i.e. second kitchen has existed over 10 years.
But now I am unsure if I have made my appeal on the right grounds. The time for paying the fee on ground a) lapsed a week ago and I can not now appeal on ground a). How do I make my facts relevant? How do I prove grounds B and D? I am more uncertain about how I should prove ground B.
My caseworker at the inspectorates office is pretty unhelpful, I respect they are constrained with what advice they can give, but I cannot afford to pay for legal advice, and am really stuck, my next statement is due this Thursday so Your help is much appreciated.