Temp
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Everything posted by Temp
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Blind child and Neighbour extension that impacts light
Temp replied to AdamDob's topic in Planning Permission
If the windows were new a few years ago then they won't (even) be covered by the Right To Light legislation. That requires 20 years to kick in. I would start by objecting on the grounds that "a two storey side extension would represent over development, be overbearing and have unacceptable impact on the amenity value of the adjoining property." The best I can come up with in relation to your child is an objection on the grounds that the National Planning Policy Framework requires planners to enact policies that ensure there are enough houses in the area suitable for people with disabilities and that as there aren't enough houses adapted for partially sighted people they should not allow development that reduces the number. Personally I doubt that will wash with the planners but you never know how a committee will react. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810197/NPPF_Feb_2019_revised.pdf Keep an eye on the agenda for the planning committee and the status of the planning application online. If it goes to committee you (or your child?) might be allowed a few mins to speak against the application. You should write and ask the chairman of the planning in advance of the meeting. -
No. They cannot use the farm purchase price as that would imply all of the value was in the plot and the rest was worthless at the time of purchase. An agent would estimate the value of the plot alone at the date when the farm was acquired. It would most likely be based on the value of agricultural the land (which was perhaps a few £thousand an acre back then) multiplied by the area of the plot. At best they might be able to increase its value to take into account any "development potential" that the plot had had at the time the farm was purchased. He might be a basic rate tax payer now but the rate depends how much gain you make.. https://www.gov.uk/capital-gains-tax/rates Its fortunate its in joint names... It could be the capital gain is say £100,000 - £10,000 = £90,000. £45,000 each, less their £12,300 allowance = £32,700. Plus their income from other sources = £? They would pay 28% on anything over £50,000. eg if one of them earns more than £17,300 in taxable income (eg £50,000-£32,700 = £17,300) the extra would be taxed at 28%.
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CGT would paid on the increase in value of the plot. Your father will need to provide evidence of the plots value at time of purchase and transfer. Both can be estimated by an estate agent. There is likely to be a significant increase in value due to you getting Planning Permission if the plot it was originally agricultural land. Ideally you should have transferred the plot into your name before applying for planning permission. I believe the CGT rate is 28% on property and the current allowance is £12,300. It might be possible to double that if the land is in joint names with your mother. It might also be possible to use multiple years of allowance by transferring part shares in the land (either by spliting the plot or by shared ownership eg 50% this year and 50% next tax year). I would get it valued and work out the tax liability. Then get professional advice to see what can be done.
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I don't know if this works but ask a tax advisor... Could he gift it to your mum. No CGT due as its a gift to spouse. Then in 6 months time she gifts it to you. Would CGT be payable on the gain over just 6 months or the whole time your father owned it? This seems like a loophole they may have closed.
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+1 to seek professional advice. I believe special rules apply to gifts of land https://taxscouts.com/capital-gains-tax-on-gifted-property/#:~:text=If you gift someone a,them as a gift instead. "If you gift someone a property, you will usually have to pay Capital Gains Tax (CGT) if it increased in value since you bought it." "You don’t need to pay CGT if: You’ve lived there the entire time (it was your home) Or you give it to your spouse Or you put it into a trust for the benefit of your child. In this situation, it will be deferred until your child sells the property."
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I had same with AW some 13 years ago. They eventually said my water main diversion could be zero rated because my house was being connected to the diverted main. I believe thats nonsense because the diversion was necessary to allow the house to be constructed (see vat 708 3.3.4a "..allows the construction of the building to take place") so it should be zero rated even if I was digging my own bore hole.
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You are correct. This is how it should be done.. https://www.pavingexpert.com/edging3 What prep did they do before laying the tarmac? https://www.pavingexpert.com/subbase https://www.pavingexpert.com/faq_subbase#depth Typically the ground should be levelled and compacted before >100mm of hard-core is placed and compacted. I'm not sure why a layer of sand was used unless the hardcore was rather coarse? Sometimes block paving is bedded on sand so perhaps they thought that was the right way to do the edging?
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I believe it should be reduced rated if it is clearly for the house. The fact that its initially being installed for use by the static van first might be an issue. Consider getting them to install it and connected to the house, then hook it to the van yourself. Ask them to requote at 5% VAT because its for a conversion. Quote your planning reference number and VAT Notice 708. To be reduced rated the work must be "closely connected" with the construction of a new dwelling. See 3.3.4 to 3.3.6 for examples .. https://www.gov.uk/guidance/buildings-and-construction-vat-notice-708#para3-3-4
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Quote that in your application.
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Window size - slightly different to planning Drawing
Temp replied to dangti6's topic in Planning Permission
Officially this probably needs a non-material ammendment, however unless it's going to be very obvious (because it doesn't line up with something like another window nearby) then id just fit it. The planners are unlikely to notice. If a neighbour complains to the planners they might feel obliged to ask you for a retrospective ammendment just so they can say they went by the book. They know that once your house is built you can usually change the size of a window without needing planning permission. I assume the dimensions of the windows weren't a big issue when you made your planning application. -
New build house in garden, question on splitting deed
Temp replied to dysty42's topic in Party Wall & Property Legal Issues
Someone on the forum had problems with the LR when trying to split a title. As I understand it its an issue with restrictive covenants and the fact you you can't restrict yourself - or something like that. -
If the collar ties are exposed there is no problem fixing adjustable spotlights on them. Personally I recommend bulbs or fittings with a wide beam angle unless you want to illuminate something like a wall mounted picture.
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You need the real title plan available from land registry (<£10) by email or the seller. That will show your plot boundary. Then you could pay for a "map search" which i think involves you sending them a marked up plan of the land you are interested in. Limit that to the area between your plot and the highway. If its registered they will tell you who to. In my case it wasn't and the highway agency told me it was "land maintained at the public expense".
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Sorry it was new to me.
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Article on alternative to ABS with less warping.. https://www.3dnatives.com/en/asa-3d-printing-170820204/ I've not yet looked at availability or price.
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The bit that fills in the "L" of the existing house by the pantry is classed as BOTH a rear and a side extension so both sets of rules apply. Page 23 says.. That includes the "no more than half the width" rule for side extensions. Its unfair but true. It means L shape houses can't have a full width rear extension where as flat back houses can.
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I agree. The proposal is basically a wrap around extension that has rear and side elements even though it doesn't wrap around what most people would consider to be the side. The reason its also a side extension is explained bottom half of page 23.
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Maximum fence post centres/ arris rail length?
Temp replied to Randomusername's topic in Landscaping, Decking & Patios
Standard fence panels are around 1.8m wide. Ditto post and rail fencing. -
Old stable block conversion - roof design
Temp replied to OscarWilliams's topic in Roofing, Tiling & Slating
I'm not an SE but that doesn't sound big enough. Google found an online service that will calculate the ridge beam steel for £50... https://www.beamcalculation.co.uk/start-calculation/steel-ridge-beam/ PS Straps are also needed to connect the rafters together above the ridge beam. -
Old stable block conversion - roof design
Temp replied to OscarWilliams's topic in Roofing, Tiling & Slating
Humm. Repairs are within permitted development but raising the roof more than 150mm needs planning permission. Building Regulations are totally separate to planning and a building control application or notice is normally required for anything structural (and for other things). -
Old stable block conversion - roof design
Temp replied to OscarWilliams's topic in Roofing, Tiling & Slating
As I understand it collars are not designed to stop the load pushing the walls out but to stop wind loads pulling the roof apart at the ridge. For this reason they should be in the top third of the roof height (whereas to stop spread lower is better). -
Old stable block conversion - roof design
Temp replied to OscarWilliams's topic in Roofing, Tiling & Slating
Whats wrong with the structural ridge beam approach with rafters "hanging" from that? The ends either bear on pad stones in the gable wall or posts. Sometimes also a wall mid span. Sometimes assisted by purlins.
