Rules are rules or leave them alone?

Rules are rules or leave them alone?

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anonymous-user

Original Poster:

56 months

Monday 26th September 2022
quotequote all
Two conflicting views but who do you think is right and should the council be so draconian or is the law the law?

https://www-coventrytelegraph-net.cdn.ampproject.o...

eldar

21,872 posts

198 months

Monday 26th September 2022
quotequote all
They look rather like they've taken the piss for a few years. Would set an interesting precedent to allow variable application of the planning process if they 'won'.

Lead to endless appeals.

greygoose

8,313 posts

197 months

Monday 26th September 2022
quotequote all
They knew what they were doing, council are right.

Equus

16,980 posts

103 months

Monday 26th September 2022
quotequote all
the newspaper headline said:
...family told demolish family home
the Certificate of Lawfulness Application that was refused 4 years ago said:
... a temporary timber frame structure...to be used by family members in addition to the use of the main house....It will be used in a manner ancillary to the main dwelling property. It is not someone's separate dwelling.
the Council's refusal notice said:
1 Insufficient evidence has been submitted to satisfy the Local Planning Authority that the structure falls within the established definition of a caravan. Having regard to the tests of size, permanence or physical attachment, and the fact that the structure was constructed in situ, it is considered to amount to operational development which does not benefit from deemed consent.

2 The structure does not fall within Class E of The Town and Country Planning (General Permitted Development) (England) Order 2015 because the structure is too large (in excess of 88 square metres) to be considered incidental to the enjoyment of the dwellinghouse.

3 In addition, the structure does not fall within Class E of The Town and Country Planning (General Permitted Development) (England) Order 2015 because the structure would comprise primary accommodation and therefore would not be incidental to the enjoyment of the dwellinghouse.
Edited to add:

Oh, and note that the Certificate of Lawfulness application was for proposed siting of the unit, so it looks - from the admittedly limited and redacted evidence now available online - that they were told it didn't comply, but went ahead and purchased and erected it anyway.

Edited by Equus on Monday 26th September 21:37

Matt_E_Mulsion

1,695 posts

67 months

Monday 26th September 2022
quotequote all
greygoose said:
They knew what they were doing, council are right.
This would be my view too.

WelshRich

385 posts

59 months

Monday 26th September 2022
quotequote all
As an aside, how can it cost £60k to demolish what is basically a static caravan?

anonymous-user

Original Poster:

56 months

Monday 26th September 2022
quotequote all
WelshRich said:
As an aside, how can it cost £60k to demolish what is basically a static caravan?
Risk assessments, 20 people to do 40 site visits, breakfasts, explosives, it all adds up.

Dingu

3,901 posts

32 months

Monday 26th September 2022
quotequote all
pocketspring said:
WelshRich said:
As an aside, how can it cost £60k to demolish what is basically a static caravan?
Risk assessments, 20 people to do 40 site visits, breakfasts, explosives, it all adds up.
The 60k includes some of the construction cost still owed doesn’t it?

Equus

16,980 posts

103 months

Monday 26th September 2022
quotequote all
WelshRich said:
As an aside, how can it cost £60k to demolish what is basically a static caravan?
Council contractors (if the owners won't demolish themselves, the LPA has the right to send someone in to do it, and to charge the cost back to the owners).

Council demolition contractors will be doing it by the book, in full compliance with CDM Health and Safety requirements, waste disposal permits, etc.

They're not Bob Bodgeit the Builder slinging the bits in the back of a Transit before fly-tipping it down the canal embankment.

anonymous-user

Original Poster:

56 months

Monday 26th September 2022
quotequote all
Equus said:
WelshRich said:
As an aside, how can it cost £60k to demolish what is basically a static caravan?
Council contractors (if the owners won't demolish themselves, the LPA has the right to send someone in to do it, and to charge the cost back to the owners).

Council demolition contractors will be doing it by the book, in full compliance with CDM Health and Safety requirements, waste disposal permits, etc.

They're not Bob Bodgeit the Builder slinging the bits in the back of a Transit before fly-tipping it down the canal embankment.
Yep, even the fencing alone won't be cheap.

Evanivitch

20,441 posts

124 months

Monday 26th September 2022
quotequote all
Article said:
Stephanie and Stuart, who have children, Freddie, five, and Mollie, two, said the decision could leave them 'paying a mortgage on a home they no longer have' in a cost of living crisis. “We will be homeless by Christmas,” Stuart said. “Our son is disabled and has a helper in the local school, there's no way we can get a house near here.”
No way they got a mortgage on that.

And whilst I'm fully aware that not all disabilities are physical, you'd think they'd put a ramp and rail at the front door, not steps without any barrier...

ghamer

607 posts

157 months

Monday 26th September 2022
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A risky gamble that ultimately didn't pay off.This last effort of media sympathy may though.Time will tell.

Equus

16,980 posts

103 months

Monday 26th September 2022
quotequote all
ghamer said:
A risky gamble that ultimately didn't pay off..
Combined with a healthy dose of not knowing when to quit.

4 years into the process, they will have had ample opportunities to cut their losses, yet they've obviously chosen to keep upping the ante.

Equus

16,980 posts

103 months

Monday 26th September 2022
quotequote all
It took me a moment to work out what was going on, because you can't see the offending building on Streetview, yet, but the smaller building identified by the red marker is the 'parent' dwelling and it's the grey roof to the north west of it that's the offending 'outbuilding':


smokey mow

933 posts

202 months

Monday 26th September 2022
quotequote all
Equus said:
It took me a moment to work out what was going on, because you can't see the offending building on Streetview, yet, but the smaller building identified by the red marker is the 'parent' dwelling and it's the grey roof to the north west of it that's the offending 'outbuilding':

You can get a partial view from certain spots. I’d agree with the planning inspectorate that the construction certainly doesn’t resemble that of a caravan or movable structure.


Tango13

8,508 posts

178 months

Monday 26th September 2022
quotequote all
Equus said:
WelshRich said:
As an aside, how can it cost £60k to demolish what is basically a static caravan?
Council contractors (if the owners won't demolish themselves, the LPA has the right to send someone in to do it, and to charge the cost back to the owners).

Council demolition contractors will be doing it by the book, in full compliance with CDM Health and Safety requirements, waste disposal permits, etc.

They're not Bob Bodgeit the Builder slinging the bits in the back of a Transit before fly-tipping it down the canal embankment.
Who was the PHer who got rid of his garden shed with fire? Even with petrol at the current prices a gallon of unleaded, a cupful of washing powder and a match will still leave change from a tenner.

Digger

14,721 posts

193 months

Tuesday 27th September 2022
quotequote all
https://www.pistonheads.com/gassing/topic.asp?h=0&...


Highlight of the thread



Edited by Digger on Tuesday 27th September 07:14

NMNeil

5,860 posts

52 months

Tuesday 27th September 2022
quotequote all
Letting them stay in the 'house' despite it never having planning permission will open up the floodgates of similar buildings and sets a precedent which will result in, "They did it, why can't I?"
Slippery slope.

jason61c

5,978 posts

176 months

Tuesday 27th September 2022
quotequote all
If it’s a moveable home, surely they can just move it?

If they can’t, there’s the issue.

£60k to demolish is nuts. Good to see council ‘back handers’ are still happening

Escort3500

11,946 posts

147 months

Tuesday 27th September 2022
quotequote all
jason61c said:
If it’s a moveable home, surely they can just move it?

If they can’t, there’s the issue.

£60k to demolish is nuts. Good to see council ‘back handers’ are still happening
I wondered how long it would be before the predictable ‘brown envelopes’ card was played. Shame you didn’t read Equus’ post re: the demolition process before posting this tripe.