Section: Right to Buy

Permission to Use Land Revoked After RTB

Mr D wrote to Corby Council and asked if he could add to his existing tenancy an adjoining area of open grassed amenity land. Mr D wanted to fence the land off with gates, for off-road parking. The Council agreed to his request subject to conditions, including one requiring that Mr D erected a fence, that was no more than two metres high, at his own expense.

Mr D subsequently enclosed part of the additional land with a 1.8 metre high fence. He then bought his existing property and the additional amenity land under the Right to Buy scheme. The additional land was valued for use as a garden. Local residents complained to the Council about the loss of this amenity land.

Following a failure of a planning application by Mr D, the Council took enforcement action requiring, amongst other matters, that the fence be removed and the land restored to its use as amenity land.

In light of the Council's instruction to erect the fence, the Ombudsman recommended that the Council:

Pays Mr D's costs of erecting the fence and £500 compensation.
Either reimburses Mr D for the cost of removing the fence in compliance with the terms of the Enforcement Notice, or, in the event of non-compliance, does not seek to recover costs if the Council takes action to remove the fence itself.
Commissions a report valuing the additional land solely for garden use and as amenity land as required by the Enforcement Notice, and pay Mr D the sum, if any, by which that first value exceeds the second.

Section: Right to Buy

Permission to Use Land Revoked After RTB

Legal Update

Reporting on April-June 2004

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