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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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A local authority obtained an enforcement order to demolish

Customer Question

A local authority obtained an enforcement order to demolish an annex to a main residence, which whilst it had been built under permitted development rights (not contested by the LA) it had been used as a residence in its own right and the LA obtained an order allowing the demolition but at the same time pointing out that it was within the powers of the local authority to impose conditions. Regarding its retention since it would clearly be unreasonable to demolish something which had been erected under permitted development rights providing only that its use accorded with use as an ancillary building not comprising of a separate dwelling.
In the event my wife became very restricted by crippling arthritis and poor balance resulting in falls. (She is 80 years old and mother, grandmother and great-grandmother).
Accordingly, it was necessary to fit out a bathroom and a cooker and washing machine since she could not travel in between the main house and the annex to and fro without great pain (despite being on the maximum permitted painkillers).
On finding this out the authority carried out a visit and applied for an injunction containing 150 pages of evidence and leaving five working days before the hearing date and seeking an order for the demolition of the building, saying this was their only recourse.
Her doctor recommends her staying in the annex which the doctor regards ***** ***** accommodation and for both financial and practical reasons. There is no alternative accommodation available.
I very urgently need to make out a consent order form between myself and my wife and the local authority to vacate the current hearing and set a time at least four weeks ahead to give time for a proper hearing of the matter and setting I would estimate a whole day. Perhaps.
Can you supply a suitable format for the consent order. Please ASAP very urgent
John van der Beeck (Past user)
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Have the local authority agreed to a consent order?