thanks for your reply.
"Construction without planning will not be acted against after 5 years."
Just to be clear, the FPP was granted before any building was started, but with the aforesaid condition in the schedule, so I don't this would apply anyway, or am I mistaken?
The son & wife have occupied the 2nd property since 2000, with the mother living in her original property next door. Son & wife are worried about three potential scenarios:
1) the mother may need to go into a nursing home, or move in with her daughter, in either case she needs to sell her home to pay for the nursing home care or give her daughter some money (very likely)
2) the son & wife want to sell their property (this is not really likely but possible)
3) the mother dies (in her will her property is left jointly to son & daughter)
Yes, the two properties have their own separate folio numbers.
Yes I can see that & agree with you on this pointThe son and wife live in a granny flat. It doesn't sound like they got permission for a standalone unit, but an extension.
The back garden isn't divided up - it's a large space & both back doors open onto a shared patio, but the garden/patio could easily be divided with a low fence or wall.You can apply for planning to subdivide but both units will then need to comply with the housing standards of infill housing which means adequate private open space, off street parking etc
Very interested in this, given that the son & wife have been living there since 2000, I asked how they got on with neighbors & they tell me everyone's extremely happy, friendly & nobody has any issues with them or anyone else. The other residents are mainly elderly & the son + wife are very helpful to many of them.I successfully argued that what I had done was not a breach of the condition, but rather a construction of a separate dwelling without permission. I based this on the fact that I had installed a separate electricity connection more than 5 years before the council contacted me.
1) the mother may need to go into a nursing home, or move in with her daughter, in either case she needs to sell her home to pay for the nursing home care or give her daughter some money (very likely)
2) the son & wife want to sell their property (this is not really likely but possible)
Same as 1, I see no issue here.3) the mother dies (in her will her property is left jointly to son & daughter)
Don't know what Retention is? how, where would I find out about it?I can see this as a real problem. Viewed as a separate dwelling, it has no planning. They could probably apply for retention.
Retention is where you apply for planning for something that is already built. If you get it great, if you don't get it, then I dont know if you are any worse off.
A planning consultant in the local area or maybe a county councillor should be able to advise is you are likely to get retention.
The driveway is large, easily takes 6 cars (carefully parked) & could be divided with each having their own entrance.
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