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Paying council tax for a dwelling.


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4 replies to this topic

#1
Dighton

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Hi, Not sure if anyone can help. We own 9 acres of agricultural land and rent another 12 acres. We moved onto our land in October 2013 after applying for planning permission for the siting of our caravan and starting a smallholding. Since November 2013 we have been paying council tax for a dwelling and have a weekly refuse collection. We have now been given two months to get off our land and the council planning people have said that it doesn't matter that we have been paying council tax as they can collect on empty buildings. My question is are they right, or are we right in our belief that by paying said tax for a 'residence' that we can continue fighting them.
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#2
Ronnie the pommy

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Paying council tax will never give you the right to live there without the council's permission, it just means that you have accepted the council's jurisdiction over you and your property, which means that the council can dictate to you and prosacute you if you don't do as your told.

I have not got their permission to live on my private property as I am now using common law, I also don't pay ct, it is not an easy route and you really need to know what you are doing, but it was my only option to stay living on my property.
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#3
Greenbeast

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Hi, Not sure if anyone can help. We own 9 acres of agricultural land and rent another 12 acres. We moved onto our land in October 2013 after applying for planning permission for the siting of our caravan and starting a smallholding. Since November 2013 we have been paying council tax for a dwelling and have a weekly refuse collection. We have now been given two months to get off our land and the council planning people have said that it doesn't matter that we have been paying council tax as they can collect on empty buildings. My question is are they right, or are we right in our belief that by paying said tax for a 'residence' that we can continue fighting them.

 

Did you apply for planning permission to live there?


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#4
bramblebasher

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Ha! I'd love to see a Council try to get Council Tax for an empty caravan, complete rubbish! 

 

As Greenbeast said, did you apply for PP for the caravan? I'm guessing not if they're now enforcing on you, either that or you got three year temp and now they're refusing permanent and therefore enforcing?

 

Just because you have been paying CT does not mean you have stronger ground to fight to keep the 'change of use.' Although this does seem counterintuitive.

 

Some say it's best not to refer to a caravan as a 'dwelling,' before official 'change of use' has been granted it's safer to refer to the caravan as 'somewhere to stay.' Words are so important. If you were granted PP for your change of use this is of course not relevant.

 

Best of luck to you. 


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#5
shepie

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Hi sorry but in a word no ,it doesn't mean anything toward giving you a stronger case to continue fighting the council
Was it 3 year temp ? Has it run its course ? Or was the sighting none residential ?
There are options but without knowing the full storey it's not possible to try and help
People have been given two consecutive 3 year temps due to health problems
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