simon.d wrote:........ I'm looking to restore the farmhouse as my own home in the very near future.
Tayto wrote:You'll need a planning permission to rebuild/restore the old house.
The condition you refer to is there to prevent 2 dwellings on the one site.
Tayto wrote:The original application for the new house would give you the clues as to why this condition was added. The only (safe) way to overturn it is to make a new application.
Tayto wrote:If the original farmhouse has historical or architectural value then the argument for it's restoration could form the basis of a new application.
If your parents still live in the permitted house and are the landowners, then the new application should probably be made in their name. It should be clear in the application that the new dwelling is intended for the family.
simon.d wrote: The houses are quite a distance apart (i.e. 75m or so), would that still be considered the same site?
Would it be looked on like a greenfield site? The farmhouse itself is around 200 years old, made of clay of the lobby entry form and in very good condition..
simon.d wrote: It'd be a shame to let it rot... Do planners take into account the heritage value of old buildings when granting permissions?
simon.d wrote:Are there other (less safe) ways to overturn it? I just like to be aware of the other options if there are any...
Thanks for all the help!
vca wrote:A lot has changed since the original planning application was made 15 years ago and the planning authority may now look favourably on the re-use and sensitive restoration of the old farmhouse.
Tayto wrote:However issues such as frontage/safe vehicular access to the site, effluent treatment systems and wells, back land development/overlooking issues and local need housing criteria may come into play.
vca wrote:Unless your name is Jesse James and you wear a Stetson you shouldn't really consider rebuilding the house without permission like other cowboys would. If you do, expect a tap on the door from the local sheriff and to be served with an injunction or enforcement notice ordering the demolition of the unauthorised development. You could stall for time by applying for Retention but this is a huge gamble to take considering the time effort and money it would take to restore the house. A refusal would mean demolition. A grant would overturn the original planning condition.
simon.d wrote:Thanks again for all the replies... Very helpful so ye are!
I've great plans to restore it very sensitively, and do as little as is needed to the original structure, and banish all the cement that has crept in over the last 40 yrs etc.. I'm also concerned with the idea that it might be listed once I highlight its existence to the council and the further planning issues that would bring up.. What sort of problems/benefits might that give me?
I do fully intend to go down the planning route, as lots of money is gonna be thrown at this, but playing devils advocate here, can they force the demolition of an old building of such historical value? (it could even be applicable for monument status (300 yr +) as the farm was well established on the 1830's OS maps, implying that the dwelling could be much older than 200 years) Also, could it be classed as an agricultural building seeing as it's positioned on a working farm? i.e. I could be restoring the farmhouse to be a fancy chicken coop...Could that block demolition if it came to it? Does the agricultural aspect throw up any planning oppurtunities?
Tayto wrote:You know now what might be a great idea- that would be to sneak in an 'ol cooker an' a fridge, on the quiet, like. Then an 'ol wardrobe, a bed, a TV and an aul hoover.
kieran0426 wrote:From the wording of the condition â€œDecommission", it is implied that the use of the building as a habitable dwelling needs only to be decommissioned. There is nothing stopping you maintaining and or restoring the building provided the works are exempt from planning. However if you wish to once again commission the building for usage as a domestic dwelling you would need to apply for planning to rehabilitate previously decommissioned farmhouse. Not knowing the actual county or case I would image that the rehabilitation of the dwelling would also mean that the existing entrance and also the effluent facilities would need to be brought up to the relevant Development Plan standards.
simon.d wrote:My parents bought an old farm with farmhouse about 14 years ago. On receipt of planning permission to build a new house on the land the planners stipulated the following condition:
"Conditions: The existing farmhouse structure shall be decommissioned and shall not henceforth be used for habitable purposes.
Reasons for conditions: In the interests of orderly development."
I was wondering did anyone know how binding such conditions are and whether or not they expire, or what I can do to have this condition undone. I'm looking to restore the farmhouse as my own home in the very near future.
onq wrote:Well, it won't be in the VERY near future.
You'll need a permission and you may need to do a significant amount of rebuilding.
14 weeks for the planning permisison without an Appeal, eight months minimum with and Appeal plus four to six months of a build [mid range estimate] - could be a year away.
simon.d wrote:I'm no expert, but I'm assuming from my own reading, and some of the feedback here, that the repair and restoration can begin immediately seeing as the structure already exists, so long as the exterior works do not materially affect the external appearance of the structure ...? Therefore without planning, I can do almost all the works necessary and that planning is only needed to have it reclassified as a dwelling? So I hope to be in there by late summer!
henno wrote:a big issue is whether there is enough landholding between the two dwellings to cater for 2 dwellings... id suggest a min 1 1/2 acres, possible 2 acres.
onq wrote:Two in one month - it must be signs of a recovery!
Simon, IMO you cannot simply recommission a decommissioned building, willy-nilly..
You cannot simply start doingworks to something supposed to be an ex-habitable structure to make it habitable again.
Doing any works to make it habitable may be viewed as substantially the same in planning law terms as building a house without permission.
onq wrote:We're all suffering from the lack of proper regulation and foresight in Government and Banking levels of our society and alleged corruption and croneyism at the highest levels.
Yet here you are going to great lengths to apparently bat back competent planning advice from a host of competent building professionals AND hoping for special treatment from the local authority.
Now I know some builders and architects who would make a good job if this, but I also have met a lot of people like you - you won't employ them.
- the ex-house is not a listed building
- you will get no derogations from the LA on compliance with the building regulations
- it will never be "right" given the structure and lack of DPC and insulation [rising dampt through walls, etc. and
- in the end, it will be cheaper to knock and rebuild
onq wrote:You can spray your protests about all you want but it all boils down to you saying you should be let do it "for the good of the country" - I heard enough of that nonsense from Cowan yesterday.