Restoring Land to it's original Level
Discussion
I had to demolish 7 outbuildings, remove the building material and restore the land to the original level. I failed to demolish all of the buildings in time and not restore the land to the original level so the council took me to court.
My reasons for not fully complying was I was rebuilding a games room, swimming pool ect using the old material. In fairness the council did extend the time however they refused my certificate of lawfullness twice and I had to go to appeal inwhich I won. This all took time.
The order said I had to restore the land to the original level however the summons said I had to restore the land to the original condition. When I pointed out the the land level and the condition were 2 different things the did court did not care.
As I purchased the property after the buildings were built I have no idea what the land levels were. ( i have constantly asked the council for guidance) The council produced arial photos (I already had some) on the day of the court case.
The case was adjorned and a month later they dropped the case as I had by then demolshed and removed the material that was not required on the new build. (due to the wet weather they finally understood that it is impossible to move and track in boggy mud and allowed me more time for the land)
Forward 3 months the council now want to come round and check that I have restored the land to the original level I have 2 problems
1: No one knows what the original levels were (arial photos are useless)
2: As my new building is now closer to the house and on the same level we have to remove some levels that we do know of so we can see out of the windows. On another section the building is much higher and therefore raise some level. (the land slopes in 2 directions)
Not sure how we can reslove this any ideas.
Also was the summons legal when it differed from the order.
My reasons for not fully complying was I was rebuilding a games room, swimming pool ect using the old material. In fairness the council did extend the time however they refused my certificate of lawfullness twice and I had to go to appeal inwhich I won. This all took time.
The order said I had to restore the land to the original level however the summons said I had to restore the land to the original condition. When I pointed out the the land level and the condition were 2 different things the did court did not care.
As I purchased the property after the buildings were built I have no idea what the land levels were. ( i have constantly asked the council for guidance) The council produced arial photos (I already had some) on the day of the court case.
The case was adjorned and a month later they dropped the case as I had by then demolshed and removed the material that was not required on the new build. (due to the wet weather they finally understood that it is impossible to move and track in boggy mud and allowed me more time for the land)
Forward 3 months the council now want to come round and check that I have restored the land to the original level I have 2 problems
1: No one knows what the original levels were (arial photos are useless)
2: As my new building is now closer to the house and on the same level we have to remove some levels that we do know of so we can see out of the windows. On another section the building is much higher and therefore raise some level. (the land slopes in 2 directions)
Not sure how we can reslove this any ideas.
Also was the summons legal when it differed from the order.
hunton69 said:
2: As my new building is now closer to the house and on the same level we have to remove some levels that we do know of so we can see out of the windows.
I don't know about the legalities but this sounds like it happened the wrong way round, i.e. "I did what I wanted with the land after I'd built the house the way I wanted." Surely the house should have been built to suit the way the land was, or you put up with it?The link to the other forum was for the buildings that were built by the previous owner.
My question is regarding the land level that he changed. The council are telling me to put it back before he changed it. The problem is I don't know how it was and neither does the council.
The second question is my new build which does have a certificate of lawfullness but requires the land levels to be very different again as it is closer to the original house (built 90 years ago) and sits much lower in the ground.
My question is regarding the land level that he changed. The council are telling me to put it back before he changed it. The problem is I don't know how it was and neither does the council.
The second question is my new build which does have a certificate of lawfullness but requires the land levels to be very different again as it is closer to the original house (built 90 years ago) and sits much lower in the ground.
hunton69 said:
1: No one knows what the original levels were (arial photos are useless)
Would your position not be that you have put it to the original levels and for the LA to suggest otherwise must mean they either have evidence on which to rely or have taken expert opinion that you must be able to see, review and consider.Assuming of course that you have reduced the levels to a reasonable position.
The land in question is green belt.
We feel that our new development is much more in keeping with the green belt the building is 1 meter lower and closer to the house.
We want to return the land back to grass and levels that suit the whole property.
You would hope that we can agree with council to achieve that but they have already told me I cannot turf those areas but seed them. Now unless I'm mistaken you end up with the same product.
That unfortunatly is the kind of people Im dealing with.
We feel that our new development is much more in keeping with the green belt the building is 1 meter lower and closer to the house.
We want to return the land back to grass and levels that suit the whole property.
You would hope that we can agree with council to achieve that but they have already told me I cannot turf those areas but seed them. Now unless I'm mistaken you end up with the same product.
That unfortunatly is the kind of people Im dealing with.
Busa mav said:
Is it all residential land ?
Yes it is residential land. The new build is within 2 meters of the residential curtilage boundary on 2 sides.I will contact a councillor the problem is our local one lives down the road and we don't get on.
She has made up stories regarding one of our dogs. But that's another story I could bore you with.
silverthorn2151 said:
You can't turf, but you can seed!
Well. Bugger me.
Be careful or someone will grass him up.Well. Bugger me.
This thread is very difficult to follow without a couple of long sections: f to r and s to s. You can show the ground levels now and the ground levels when you purchased the property.
megaphone said:
OP can you get in touch with the previous owner? Maybe he has some before and after pics, or some plans for the buildings showing existing land levels.
I have and he hasn'tYou would presume that the land in question is green belt and therefore the important issue is that it returns to grass which is what was there. I want to return it to grass but this lot are impossible to work with. As I have said they won't let me turf the areas.
The enforcment order states it must be restored to the original level which is impossible with out an historical land survey.
pherlopolus said:
so there is no way of them proving that it is or isn't at the original level?
Surely if it looks like it is, and you have done it to the best of your knowledge and can explain such, then that is all they can ask for?
I hope so.Surely if it looks like it is, and you have done it to the best of your knowledge and can explain such, then that is all they can ask for?
As my previous post said they allowed a previous owner to have 7 outbuildings they investigated twice told the locals they were all Permitted development and they took no action. I buy the property and within 7 months they serve me a notice to demolish them all. I apply for a certificate of lawfullness to rebuild a building that is less than half the collective size of the orginal ones and they refuse my application because it's to big. Fortunatly I win at appeal.
That is why I have no faith in the local planning department
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