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Change of use

Land, Registered Land, Planning law etc.

Re: Change of use

Postby theycantdothat » Thu Dec 07, 2017 12:11 am

All a bit odd. Have you looked at the list of planning permissions registered as local land charges?
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Re: Change of use

Postby BakersDozen » Thu Dec 07, 2017 12:23 am

theycantdothat wrote:All a bit odd. Have you looked at the list of planning permissions registered as local land charges?


no but what would that achieve?
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Re: Change of use

Postby theycantdothat » Thu Dec 07, 2017 11:04 am

BakersDozen wrote:
theycantdothat wrote:All a bit odd. Have you looked at the list of planning permissions registered as local land charges?


no but what would that achieve?


It would hopefully have (as required by law) an accurate record of all conditional planning permisssions granted in respect of the property.

If you do not want to look at the register of planning charges (for which you will have to pay a fee) then put the following to the planning authority:

The planning record for [address of property] shows an application (refused) on 25/06/2010 for the variation of condition 3 of Planning Permission 00/00379/Ful (opening hours), but that permission relates to an entirely different property at [address of property] and in respect of which an application to vary opening hours cannot apply. Further, the records I have consulted do not show any permission for the year 2000 in respect of [address of property]. Please clarify (a) the planning permission to which the application for variation applied (b) whether there is any planning permission which allows [address of property] to be used as a takeaway.
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Re: Change of use

Postby BakersDozen » Mon Dec 11, 2017 4:41 pm

I wrote:The planning record for [address of property] shows an application (refused) on 25/06/2010 for the variation of condition 3 of Planning Permission 00/00379/Ful (opening hours), but that permission relates to an entirely different property at [address of property] and in respect of which an application to vary opening hours cannot apply. Further, the records I have consulted do not show any permission for the year 2000 in respect of [address of property]. Please clarify (a) the planning permission to which the application for variation applied (b) whether there is any planning permission which allows [address of property] to be used as a takeaway.


I have received this reply:-


Dear Mr BakersDozen,

I refer to your recent complaint form, attached, regarding an alleged change of use of the above premises.

Prior to any necessary investigations being carried out we will need the specific details of your allegation, namely, what change of use has taken place to this premises which I believe has been operating as a hot food takeaway under a planning permission that was granted in 2000 under ref 00/00379FUL.

I have tried to contact you via the mobile number that you provided on the form but this was invalid.

I look forward to receiving your response by return email or by contacting me on one of the numbers below.

Kind regards


Compliance and Monitoring Officer
Planning Enforcement
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Re: Change of use

Postby atticus » Mon Dec 11, 2017 4:45 pm

It seems you need to ask, again, for a copy of the 2000 permission.
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Re: Change of use

Postby BakersDozen » Mon Dec 11, 2017 5:39 pm

Dear Mr BakersDozen,

To confirm, planning permission was granted for a hot food takeaway in the year 2000 under reference 00/00379FUL, an alternative reference, if you are searching on the Councils website is ***/2000/0357.

Kind regards


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Re: Change of use

Postby BakersDozen » Mon Dec 11, 2017 5:54 pm

ok this application for an extension of opening hours is for address 425a ****** Road
***/2010/0654 24/06/2010
25/06/2010 Variation of Condition 3 of Planning Permission 00/00379/Ful, ( Opening Hours). Planning Permission - Refused (Prior Oct 2013) 07/09/2010

They are now saying 00/00379 should be ***/2000/0357

Now ***/2000/0357 is for the building next door which is 425b ***** Road and currently trading as a barbers.

When I pointed this out the compliance office started asking what is my actual problem and what is it I want to complain about!!!

Hmm how about potential business tax fraud and do either premises have liability insurance, can I make a FOI request for a copy of the business rates tax at both businesses.

So as it stands 425a is trading as a takeaway using the planning application granted to 425b next door. 425b is trading as a barbers which the barber rents from the owner of 425a, or basically someone owns both business premises.

What is even more confusing in 2007 an application went in for 425 *** road for a change of use

***/2007/0110 Application type Full Application
Site address 425 ***** Road, 425 Proposal Change of Use from shop to Hot Food Takeaway (A5) and single storey front extension.
Applicant name *******
Received date 12/02/2007 Valid date 28/02/2007
Decision Planning Permission - Refused (Prior Oct 2013) Decision Date 25/04/2007

Why do this if 425b already had a change of use given in 2000 on /357
Why apply under 425 when there is 425a and 425b?
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Re: Change of use

Postby theycantdothat » Tue Dec 12, 2017 12:30 am

I think I follow that!

Not sure anyone here can help sort out the confusion. You need to have it out with the planning department.
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Re: Change of use

Postby dls » Tue Dec 12, 2017 2:29 pm

There seems to be confusion as between the building and its two units.
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Re: Change of use

Postby BakersDozen » Wed Dec 13, 2017 1:31 pm

dls wrote:There seems to be confusion as between the building and its two units.


That is true,

I worked it out when I looked at the address on google maps.

Change of use was given to 425b and the business operates in 425b but all its flyers and online listings is for 425a.

So the run along the street goes

421 - 423 - 423b - 423a - 425

why it is not 423a - 423b is unknown

more to add later as i want to challenge the change of use not being a sound decision
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