amorgan
12-01-2010, 10:50 AM
I own a flat in a block of what was seven above a parade of shops. The Freeholder got planning permission to build a new level with a further four flats on top - which they have done and subsequently sold.
Instead of the staircases up to them that were approved, they build some cheap ugly metal ones in a different position. This was objected to, they tried for retrospective planning permission and it was rejected. This was done before any of the flats were sold. The council now wishes to place and Enforcement Order to have them removed which will be decided upon by the local Planning Committee this evening.
Although there are more acceptable alternatives the Freeholder's architect has not submitted them. As such, enforcement of the removal of the staircases will render the new top floor flats inaccessible and therefore uninhabitable.
Originally as owner of the original flats effected negatively by the unapproved staircases I wished to support their removal. However, now it would seem morally wrong to do so given the effect it would have on the people above even though the situation has been engineered by the freeholder.
The council is very clear that they can force the stairs to be removed, but they cannot force acceptable replacements to be built.
This is further complicated by the fact that all four owners of the new flats whom all used different solicitors claim that the Enforcement action did not come up in the searches and the box on the HIP asking if there were any enforcement issues relating to the property was ticked 'NO'.
To clarify on the timeframes. The council stated that:
"The complaint was our first knowledge of the problem. This was received in October 2008. Within 24 hours the Council opened an enforcement investigation (meaning that any prospective purchasers would be made aware of the breach of planning control if they carried out a full land search) and placed the developers agents on notice of the complaint. We are obliged by law to go through the process we are using, and whilst in runs its course there is nothing more that the Council could have done – we have no method through law to tear down the stairs there and then, or to prevent sale of the flats."
The first of the flats was sold in December 2008, completed March 2009.
Does anybody know what will happen if the enforcement order is approved to the owners of the flats effected? Who would be liable and what repercussions there would be? e.g. Are their solicitors to blame, will they get their money back, is whoever completed the HIP (the freeholder) to blame or are they to blame and will lose their investment and what will their mortgage providers do? (I am going to post this on the legal board too).
Thanks in advance.
Instead of the staircases up to them that were approved, they build some cheap ugly metal ones in a different position. This was objected to, they tried for retrospective planning permission and it was rejected. This was done before any of the flats were sold. The council now wishes to place and Enforcement Order to have them removed which will be decided upon by the local Planning Committee this evening.
Although there are more acceptable alternatives the Freeholder's architect has not submitted them. As such, enforcement of the removal of the staircases will render the new top floor flats inaccessible and therefore uninhabitable.
Originally as owner of the original flats effected negatively by the unapproved staircases I wished to support their removal. However, now it would seem morally wrong to do so given the effect it would have on the people above even though the situation has been engineered by the freeholder.
The council is very clear that they can force the stairs to be removed, but they cannot force acceptable replacements to be built.
This is further complicated by the fact that all four owners of the new flats whom all used different solicitors claim that the Enforcement action did not come up in the searches and the box on the HIP asking if there were any enforcement issues relating to the property was ticked 'NO'.
To clarify on the timeframes. The council stated that:
"The complaint was our first knowledge of the problem. This was received in October 2008. Within 24 hours the Council opened an enforcement investigation (meaning that any prospective purchasers would be made aware of the breach of planning control if they carried out a full land search) and placed the developers agents on notice of the complaint. We are obliged by law to go through the process we are using, and whilst in runs its course there is nothing more that the Council could have done – we have no method through law to tear down the stairs there and then, or to prevent sale of the flats."
The first of the flats was sold in December 2008, completed March 2009.
Does anybody know what will happen if the enforcement order is approved to the owners of the flats effected? Who would be liable and what repercussions there would be? e.g. Are their solicitors to blame, will they get their money back, is whoever completed the HIP (the freeholder) to blame or are they to blame and will lose their investment and what will their mortgage providers do? (I am going to post this on the legal board too).
Thanks in advance.