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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28991
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We built an annex at the bottom of our garden for our

Customer Question

We built an annex at the bottom of our garden for our daughter, a single mum on minimum wage.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: The council in granting retrospective planning for our annex for our single mom daughter stipulated several conditions including naming who to live at this address and the annex not to be in its own curtilage. Due to difficulty containing the daughters dogs and child we erected a fence across incorporating 12 feet of removable planters. none of this is visible to anybody except the neighbours. The council have instructed us to remove the fence and the planters. Is it worth and how do we apply for removal or variation of the curtilage condition.
JA: Where is the property located?
Customer: Medway ME6 0AG
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Due to Covid we have had two extensions on the removal of the fence from last Nov until end of May '21
Submitted: 15 days ago.
Category: Property Law
Customer: replied 15 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 15 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

for the avoidance of doubt, the boundary structure you have erected is a close boarded fence and planters as you describe. Is that correct please?

Expert:  Joshua replied 15 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms if I have understood the position correctly above, if you have received an enforcement notice from the local authority or an indication that they will serve an enforcement notice, you have the right to appeal such enforcement notice. However, I think the appeal is likely to be challenging in this respect because whilst I appreciate you have not taken these actions necessarily so as to create a new dwelling, in effect, in what you have done,  in planning law, you are creating a brand-new property. you could then subsequently having established a new property curtilage, applied to build a new dwelling to replace or perhaps even in addition to the annex. The council may be keen to prevent this.

Providing you are alive to the possible difficulties associated with appealing the above, if you wish to make an appeal in relation to an enforcement notice, initially you can discuss the matter with the local authority and see if you can come to an agreement in relation to the same but if that is not possible, you can appeal to the planning Inspectorate using the following link:

https://www.gov.uk/appeal-planning-inspectorate

if making an appeal, you must do so before the date the enforcement notice comes into effect

I hope the above is of some assistance but if you have any further questions, please revert to me