Alleged P/P contravention re kitchens- how to appeal?

[iramnj]

I have kitchen on the first floor of my Victorian terraced house, in addition to a ground floor kitchen.

When I purchased the property the kitchen on the first floor was already there, however, I did renovate it and updated it with modern fittings and fixtures.

Now the council have learnt that I have two kitchens in my property and are asserting that the property is being illegally used as two separate dwellings and have issued an enforcement notice against me.

I have appealed on grounds b) and c), namely that there has been no breach of planning permission and that the kitchen was already in existence at the time I purchased the property. The kitchen on the first floor has been there for more than 10 years and the previous occupiers have confirmed this for me in writing.

I received a letter from the planning inspectorate’s department informing me that they believe my appeal should be submitted under grounds b) and d).

Can anyone please explain to me if ground c) is relevant- or should I in fact be appealing under grounds b) and d) and what additional supporting facts should I submit if also appealing under ground D?

Many thanks

IJ

[pdk]

Do you have evidence that the house has always been used as a house?? If they have served a notice what is their evidence??

Council's shouldn't be serving Enf Notices without due care and attention...maybe you should assertively ask what their evidence is and take the appeal from there...

Good luck!!

Peter

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

[pdk]

I should add that it is dangerous to give advice on an appeal without fully understanding the case... Why not instruct a good planning consultant!!

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

[iramnj]

Thanks
will let you know how things go

[landplanningassociates]

I should add that it is dangerous to give advice on an appeal without fully understanding the case... Why not instruct a good planning consultant!!

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

Dangerous indeed. Absolutely right !
The problem is that one usually gets only half the story with these quick questions and, after the appeal has been lost, additional facts are then revealed that were not formerly revealed ... facts that would have changed entirely the advice given !

(I don't say this is deliberate - it is usually a result of total inability to understand the significance of the facts which were not mentioned.)

Appealing against an Enforcement Notice is not a suitable activity for amateurs, unless it is very, very straightforward - e.g. documentary evidence available to demonstrate that the planning authority's assertions are false.