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    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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Planning issue


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I noticed some building work taking place in the garden of the house that backs onto the bottom of my garden

thought nothing of it at the time, and assumed it was an extension.

 

Gradually it got bigger and bigger and I realized it was a new house, in-between two old ones.

 

I checked the council planning website and read all the documents and plans that had been uploaded.

 

Not one of them mentioned any impact to my house or my neighbours,

even though it’s being built directly in front of us and we can see straight through the windows.

Only their direct neighbours were detailed and told about it.

Is that normal?

 

Also,

the street plans used to approve this building had my house erased from it (it was built about 7 years ago).

I suspect this is either incompetence or done purposely to get approval.

 

 

Surely councils and planning departments use up to date documents when making plans?

If they surveyed the area, how could they have missed an extra house?

 

Is there anything I can do since it is nearly finished?

I emailed the council last month and have had no reply.

I am not against new builds; it just feels a bit underhand.

 

Thanks

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How do you know your Property was granted Planning Permission?

Have you accessed Land Registry for Deeds/site plan?

Normally only imm adjacent (L&R) neighbours can contest.

 

Because the council planning website said it was approved,

but as I said it was approved even though they used old/edited documents.

 

Would I find anything different from the Land Registry?

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Get planning permission to erect a 30 foot fence at the bottom of your garden or failing that plant conifers.... They grow and you dont need planning permission.

There is more than one way to skin a cat.

 

Thinking about it conifers would be good. Depending on orientation of the new build, they could be in shadow most of the day... Reduced light, garden in shadow, moss grows, always cold as no direct sunlight etc etc

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A problem that sometimes occurs with new developments is that Japanese Knotweed gets imported in topsoil and once it is there no insurer will touch the place and if the idea is that they are selling that house then they could be left with a white elephant. Obviously any sign of Japansese Knotweed should be reported to the council as an environmental problem as soon as you think you have seen it and they will have to get experts in to remove it at great expense. Easter time will be when it starts to rear its ugly head, the same time as estate agents come out of hibernation.

Then plant your trees if the sun movement permits

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... or failing that plant conifers.... They grow and you dont need planning permission.

 

 

Thinking about it conifers would be good. Depending on orientation of the new build, they could be in shadow most of the day... Reduced light, garden in shadow, moss grows, always cold as no direct sunlight etc etc

 

Although since 2003 there are legal powers that can be used to compel you to keep your conifer hedge below a certain height if it is restricting light to a neighbour's garden excessively

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9408/hedgeheight.pdf

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but other plants hate the acid soil they create and they also suck up moisture. Also, when is a hedge not a hedge and just trees? if the frontage is big enough then you can space out the trees behind a 6 foot fence so they arent covered by the law but have the necessary effect as the spacing is measured at above ground level, not in the canopy.

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Although since 2003 there are legal powers that can be used to compel you to keep your conifer hedge below a certain height if it is restricting light to a neighbour's garden excessively

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9408/hedgeheight.pdf

 

 

Plant trees then.

Simple

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I think much of the advice being given to greyhat is spiteful and vindictive. If a family buys this new house why they should they suffer all the things suggested on here just because greyhat didn't know it had planning permission? That's not their fault! Why is it good advice that innocent purchasers should suffer "Reduced light, garden in shadow, moss grows, always cold as no direct sunlight etc etc", their soil acidified and the moisture sucked out of it?

 

If someone actually did all those things and the new owners came here asking for advice would you tell them tough luck, it was their own fault for buying the house?

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my comments were not meant to cause harm to the purchaser but to make the place unsellable in the first place so the developer ends up with a white elephant as said.

Indeed caveat emptor with a new house, that is why you pay someone money to look into these things.

If the govt wnats to lok at legislation regarding garden grabber carpetbaggers then no-one will be sorry but until then....

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