planning and divorce.

recipio

Just a general query for anybody with experience of this. If a couple split, one party usually gets the family home.
If the other party is in the fortunate position to build again, would the planners take a sympathetic view of their planning application, all other conditions being satisfied ? I did ask over in the 'divorce and separation' forum but no takers.

cheers.

BryanF

recipio wrote: »

Just a general query for anybody with experience of this. If a couple split, one party usually gets the family home.
If the other party is in the fortunate position to build again, would the planners take a sympathetic view of their planning application, all other conditions being satisfied ? I did ask over in the 'divorce and separation' forum but no takers.

cheers.

the phrase is 'housing need' - you would argue extenuating circumstances, id assume your planner would have to accept this but you'd probably have to go through the SF1 form requirements ie lived in the area for x years, working locally etc

recipio

Thanks, I would expect to go through the standard planning requirements - its how the planners would view 'housing need' if you are living in rented accommodation for instance. ?

topcatcbr

recipio wrote: »

Thanks, I would expect to go through the standard planning requirements - its how the planners would view 'housing need' if you are living in rented accommodation for instance. ?

I would say you'd get a fairly positive response. Your best option in my opinion is to go for a pre planning meeting with your local authority and ask them your questions. They rarely give a defiant yes or no during the meeting but it should give you some insight of the Likley out come to a possible application.

recipio

topcatcbr wrote: »

I would say you'd get a fairly positive response. Your best option in my opinion is to go for a pre planning meeting with your local authority and ask them your questions. They rarely give a defiant yes or no during the meeting but it should give you some insight of the Likley out come to a possible application.

Thanks, that is a sensible suggestion instead of ploughing ahead with a design. Good time to ask what they expect as well.

tedimc

Probably the reverse of your situation, but we were considering purchasing a property about 2 years ago where the couple who built it had split. The house was unusual for the area it was in and somehow the council had put a condition on planning that the couple were not to sell/rent the house for X number of years and that they must be the sole inhabitants.

They approached the council with a letter clarifying their situation and they seemed to be able to get the condition amended. I also believe they may have had their local 'elected official' help out with another letter.

We didn't end up buying the property, but it was sold shortly afterwords.

recipio

tedimc wrote: »

Probably the reverse of your situation, but we were considering purchasing a property about 2 years ago where the couple who built it had split. The house was unusual for the area it was in and somehow the council had put a condition on planning that the couple were not to sell/rent the house for X number of years and that they must be the sole inhabitants.

They approached the council with a letter clarifying their situation and they seemed to be able to get the condition amended. I also believe they may have had their local 'elected official' help out with another letter.

We didn't end up buying the property, but it was sold shortly afterwords.

Thanks again.
it seems the planners have a heart after all ! I'm guessing anyone who separates and wants to build has to move out of the family home, otherwise he/she has no 'housing need' ?