3 replies to this topic

[bramblebasher]

So I recently found out that my land is part of a 'safety hazard area,' there is a large water treatment works to the west and they store large amounts of chlorine.

 

The land in a rough area of 1km around the place forms part of a SHA and therefore my land does not benefit from certain permitted development rights.

 

Now I had no idea of this until I pursued a PD app for barn conversion and they stated this as a reason to turn down the conversion as class MB rights do not apply in safety hazard areas.

 

I have researched for ages on this subject and cannot find an answer, my question is this, does anyone know whether the Council are obligated to inform a purchaser of land (through the purchasers solicitor) when the solicitor requests a land search, the status of the land with regard to such a zone? Because in my case they certainly did not mention it! 

 

Any help on this highly appreciated it's bugging me that I can't get to the bottom of it.

 

By the way, when they built the plant they effectively slapped half a village in a safety hazard zone too! Just does not seem right 

[tonydockers]

1. Your solicitor should have raised standard enquiries with seller so this maybe a starting point.
2. A local search should have showed this up in my opinion but im not sure what good it will do you if they didnt, it would be a costly legal battle
3. Maybe you need common law in your life!!!!!

[bramblebasher]

Hi Tonydockers,

 

1) That's where I started, the standard enquiries did not highlight this area.

2) A local search did not show this up, if they should have raised the issue then they are liable to pay compensation in line with the local land charges act.

3) Working on it  

 

http://www.legislati...al-land-charges

 

The above act seems to be the appropriate one, but I cannot decipher this jumbling rubbish! Any one able to read and make sense of it? I think I have some form of dyslexia where planning acts just turn to mist in front of my eyes.

 

Thank you for your input.

[elegantstorm]

I would have said that this is a question to be put to your solicitor who conveyanced the land for you.  Then if you are not happy with his response, speak to a different solicitor about the matter.  I would have thought this should have shown up on searches so that you were aware of it at time of purchasing, but if it didn't then why not?