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So we are very confused and seeking to find the next step & what to do. We bought a house last year, but looking at moving again asap.
We have an attached house that has got planning and buildings regs, it though has been recently picked up (someone has told them we have had guests staying in there, we know this because one person in particular has been targeting everything we do). At the moment both properties are under one council tax and title.
So the council has now picked it up, so due to this, we had a closer look at the planning information on it, seems like they have signed it off as having a "guest bedroom", kitchen, bathroom (these are all still on the planning portal), but said that it has only 'incidental use' I have looked this up, and in planning terms it basically means you can't use it for sleeping or cooking etc, not even we can. Its been used as guest accommodation for 25 years, seems strange and now the council have sent it to the valuations office. Meanwhile I have raised to the council tax this planning (possible) error, meaning no one can actually stay in it without breaching planning. They said tough too late you'll have to speak to Valuations office. So I have written to the planning department for clarity of its use, I mean we surely can't be expected to pay for accommodation we can't at the moment use without breaching the planning clause, I find it weird that no one has ever pointed this out and it seems our solicitor completely missed it.
Does anyone know, was there ever a time that the term incidental in planning meant something entirely different than it does now?
We have asked the valuation office to keep the houses under one council tax, not sure that they will oblige...
We have met a friendly planning expert and after some initial advice, it seems that we could ask the council to remove the planning restriction, or we could have it varied, or we could ask for this part of the property to be severed from the main house, it used to be a house in its own right. We are though wanting to get out of here asap, do people have a view on what the best way out of this would be? that would be quick and give a buyer a blank canvas. Or perhaps a view that I haven't thought of or come across..
We have an attached house that has got planning and buildings regs, it though has been recently picked up (someone has told them we have had guests staying in there, we know this because one person in particular has been targeting everything we do). At the moment both properties are under one council tax and title.
So the council has now picked it up, so due to this, we had a closer look at the planning information on it, seems like they have signed it off as having a "guest bedroom", kitchen, bathroom (these are all still on the planning portal), but said that it has only 'incidental use' I have looked this up, and in planning terms it basically means you can't use it for sleeping or cooking etc, not even we can. Its been used as guest accommodation for 25 years, seems strange and now the council have sent it to the valuations office. Meanwhile I have raised to the council tax this planning (possible) error, meaning no one can actually stay in it without breaching planning. They said tough too late you'll have to speak to Valuations office. So I have written to the planning department for clarity of its use, I mean we surely can't be expected to pay for accommodation we can't at the moment use without breaching the planning clause, I find it weird that no one has ever pointed this out and it seems our solicitor completely missed it.
Does anyone know, was there ever a time that the term incidental in planning meant something entirely different than it does now?
We have asked the valuation office to keep the houses under one council tax, not sure that they will oblige...
We have met a friendly planning expert and after some initial advice, it seems that we could ask the council to remove the planning restriction, or we could have it varied, or we could ask for this part of the property to be severed from the main house, it used to be a house in its own right. We are though wanting to get out of here asap, do people have a view on what the best way out of this would be? that would be quick and give a buyer a blank canvas. Or perhaps a view that I haven't thought of or come across..
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