August 2009 Newsletter

Graham Penny Auctions

Owing to the success of the 9th July auction, PDP have arranged to attend the following Graham Penny auctions in 2009:

3rd September - Pride Park, Derby

15th October - Pride Park, Derby

3rd December - Pride Park, Derby

If you're attending any of the above-mentioned auctions, please don't hesitate to approach our exhibition stand for free planning advice in relation to any planning matters.

August 2009 Newsletter

Question and Answer



Question

I have seen a property at auction, a lovely stone barn in the National Park with superb views and a good sized garden with planning permission for conversion into a holiday let. I want to buy it as a second home; what are the implications and, if I need to get planning permission for full use as a dwelling what are my chances?

Mr S. Kimble, Chesterfield


Answer

In most National Parks there are strong planning policies to prevent new dwellings being built or converted in the countryside away from towns and villages. But the park authorities have to balance this requirement with the need to maintain traditional buildings in the countryside in order to protect the character of the National Park. Allowing the conversion of traditional buildings into holiday lets is seen as a way of doing this while stimulating the local economy. In this instance, the use of the property is limited by condition and by a Section 106 Agreement which prevents the property from being lived in for more than 42 days a year by the same person or family. If you buy the property as your first house you will quickly breach the condition and the legal agreement. The condition also requires you to keep a register of all lettings. If you are happy to let the property, visiting in between lets, using it as a second home, it may work for you. Capital growth in the property will be limited by the condition and the Agreement, and this should be reflected in the purchase price.

There is very little chance that the Park Authority will allow unrestricted residential occupation, so the barn should not be considered as a future home. If the property was occupied as a dwelling and the Park Authority took enforcement action, the occupants could be evicted. The legal agreement provides a quick method for the Authority to take action if it wants to. The legal agreement is not subject to any time limits, so occupation of the property as a permanent dwelling will always be liable to enforcement action unless the agreement is lifted.


Jonathan Jenkin BA(Hons) BTP MRTPI

August 2009 Newsletter

Sun Room Extension Approved in Conservation Area

Planning Consent was recently obtained for the construction of a sun room extension in a sensitive Conservation Area location. Although the property had been subject to previous extensions, PDP successfully argued that the proposal would not materially harm the character or appearance of either the existing dwelling or the Conservation Area.

August 2009 Newsletter

Approval for Green Belt extension on basis of overall enhancement

PDP recently secured planning consent to extend a property in the Nottingham – Derby Green Belt despite the fact that the property was subject to a previous refusal for a much smaller extension. A new design was proposed that sought to add symmetry and balance to the existing property, thus enhancing its appearance. Following negotiations with planning officers the local authority agreed that the overall impact of the proposed extension was acceptable.