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Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6934
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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I am looking to get advice as to what should be considered

Resolved Question:

I am looking to get advice as to what should be considered the original dwelling.
A farmhouse and nearby barn on a plot of land was split into two separate plots (farm and barn) via land registry title deed in 1955. Both of these are now separate dwellings. The local council can find no permission or records relating to this split.
For the sake of planning permissions should the barn "original dwelling" be the barn buildings (plus any outbuildings within 5 meters) as they existed on 1st July 1948 or the barn buildings at the point it can be proved it was being used as a separate dwelling to the house?
Via the electoral roll we can show evidence of two separate dwelling's from at least 1959.
The local planning officer has taken the view that the original dwelling is from the point it can be proved to be a separate dwelling and not the buildings as they existed on 1st July 1948. Is this correct?
Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.
I agree with the planning officer as a dwelling is by definition where someone lives or dwells.The records show the barn being used as a dwelling for the first time in 1959.If there are any further points please reply and I will be happy to respond Best regardsMichael
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