Compensation Claim - Building Preservation Notice

[janelondon]

Hi all,

 

Haven't been here in a long time (around 6 months!)... we basically had a 6-month period of sitting on our hands :/ 

Long story short - our local council served us a Building Preservation Notice after we submitted our planning application. They thought the property was built by a famous local architect from the early 1900s (it wasn't); also, having never been inside, they weren't aware of the extensive alterations that have occurred since it was built, thus rendering most of the house unoriginal. 

6 months later, Historic England's decision is NOT to list the property (whew!) and have issued a condemning report of the historical/architectural interest of the existing property--much to our delight, since we are planning a demolish and rebuild! 

 

Under s29, we're "entitled to be paid compensation by the local planning authority in respect of any loss or damage directly attributable to the effect of the notice." 

 

Request: Has anyone come across case law/precedents describing what is or isn't eligible for compensation? 

Many thanks! 

[Mike]

45 minutes ago, janelondon said:

Has anyone come across case law/precedents describing what is or isn't eligible for compensation? 

 

No, however the answer seems to be in the the section of s29 that you posted - "any loss or damage directly attributable to the effect of the notice".

 

So the question becomes, what loss or damage have you directly incurred, and do you have evidence, or a reasonable calculation, that will quantify it?

 

6 months payments on a bank loan? Telephone bills? Legal fees? Your own lost time?

[Temp]

Google books had an example..

 

https://books.google.co.uk/books?id=Zle3AwAAQBAJ&pg=PA289&lpg=PA289&dq="building+preservation+notice"+compensation&source=bl&ots=SqBAN2RJ4d&sig=ACfU3U3oUac1v9ppBI8uQx4y8u-1B9soZQ&hl=en&sa=X&ved=2ahUKEwjzpq-cubnoAhVTtXEKHc83DVs4ChDoATAGegQICRAB#v=onepage&q="building preservation notice" compensation&f=false

 

Page 289 "study 13"

 

Mentions fall in house prices due to the delay not being claimable as its an indirect consequence.

 

 I suspect you could argue for any directly attributable cost.

 

 

 

Edited March 27, 2020 by Temp

[Temp]

Extra 6 months rent?

[janelondon]

Thanks - planning to claim for professional fees, mortgage interest, insurance, and mileage so far. I think I can make a reasonable argument for these. Was hoping for case law to bolster the claim but understandably these are hard to find.

 

The increase in cost estimates is another one to consider.

 

Thanks for the helpful suggestions!

 

Edit: This book has helpful examples of what is considered "directly attributable", in the context of stop notices.

Edited March 27, 2020 by janelondon
Added book ref

[Ferdinand]

Hello Jane

 

Try the Historic Houses Associaton, which is an association of privately owned listed building owners.

 

They may know who are relevant experts, but also be aware of ‘the ones that got away’. 

https://www.historichouses.org

 

They may be willing to pass your details on.

 

Just checking ... if I recall correctly, you are building on a (slightly expensive!) former vicarage garden  in London near the river bought at auction, and run a couple of successful small businesses (?), and have an inconvenient third party drain across the middle. If someone has successfully fought off a similar thing, they may well be willing to advise / encourage someone in the same position ... there will be a solidarity.

 

In your place I would also place a speculative call to the Chancellor of the Diocese to ask for any useful contacts they can give you, given the history. The. Chancellor is the Senior Legal Advisor to the Bishop, and would not advise but may be willing to give a couple of pointers in a short phone call or email, if you bought it from them. Speculative, but on the occasions I have dealt with them, often willing to spend a few minutes helping me. The Church of England have more listed buildings than anybody else, and they should know who to talk to etc. The other official who deals with buildings in the CodE is the Archdeacon, which in London (last time I knew) were organised on an area basis similarly to the ‘Area Bishops’; they could be an alternative to contact.

 

OTOH you could have found them hard to deal with.

 

I could say the same for the National Trust,  but I do not know their internal systems.

 

Best of luck.

 

Ferdinand

 

 

 

 

Edited March 27, 2020 by Ferdinand

[scottishjohn]

4 hours ago, janelondon said:

Thanks - planning to claim for professional fees, mortgage interest, insurance, and mileage so far. I think I can make a reasonable argument for these. Was hoping for case law to bolster the claim but understandably these are hard to find.

 

The increase in cost estimates is another one to consider.

 

Thanks for the helpful suggestions!

 

Edit: This book has helpful examples of what is considered "directly attributable", in the context of stop notices.

unless its a BIG number ,my guess is legal costs will outweigh the possible claim vlaue ,and assume your costs will not be claimable  at this stage.

and i hope you will not be wanting any favours from planning inyour build if you go that way 

[janelondon]

9 hours ago, Ferdinand said:

if I recall correctly, you are building on a (slightly expensive!) former vicarage garden  in London

Hi @Ferdinand, no that's not us! ? We're in Gloucestershire! No vicarage near us. Just a copycat/pattern book house from a not-so-famous architect! Thank you anyway!

[Ferdinand]

26 minutes ago, janelondon said:

Hi @Ferdinand, no that's not us! ? We're in Gloucestershire! No vicarage near us. Just a copycat/pattern book house from a not-so-famous architect! Thank you anyway!

 

Good job I checked. ?

 

HHA May be worth a contact though.

Edited March 27, 2020 by Ferdinand