A surveyor’s view on adding value to your home

For as long as you are simply living in the property without thought of the next stage, its value won’t be your highest concern. But when it comes to selling up, you will be pleased that you put some forethought into achieving the best possible value early.
To read the whole article, click here.

High Court Quashes Planning Permission on Bias Grounds

Ref. Kelton v Wiltshire Council [2015] EWHC 2853 (Admin)

In this case, a judicial review was advanced by the claimant – a riparian owner 700 miles downstream – on the following grounds:

  1. Cllr Magnus Macdonald, who carried the deciding vote, should have been disqualified from voting on the Wiltshire Council Planning Committee. He was a director of Selwood Housing Association, an entity which had an interest in the affordable housing section of the 35 dwelling development in question. Cllr Macdonald received, as director, £3,000 per annum.
  1. Contamination was a risk arising from the specialist foundations required to make the development viable.
  1. The council’s Environmental Impact Assessment (EIA) screening opinion for the development was flawed.
  1. Wiltshire’s conclusion that the development would not cause harm to heritage assets was flawed.

The Judge, Mr Justice Cranston, addressed each matter in turn, and his thoughts have been broken down below:

1 – Whilst Mr MacDonald had no direct pecuniary or proprietary interest in the planning application so as to be automatically disqualified from participating, the presence on the committee did raise the question of bias as defined by Lord Hope in Porter v Magill. Mr Justice Cranston summarised:

“Selwood, with Cllr Macdonald as a director, was not simply an affordable housing provider. Here it was the only provider which had been willing to give assistance on the scheme, had expressed a clear interest in delivering it, had been named by the applicants as their potential partner, and had written in support and attended the planning committee meeting when it was considered.

“In other words, its position was superior to that of any other interested providers of affordable housing because of its previous involvement and its prospects of winning the contract when the affordable housing part was tendered. Because of that, Cllr Macdonald’s private interests were engaged, as a director of Selwood, not just his interests in the cause of affordable housing. In all these circumstances it was wrong for Cllr Macdonald to have participated in the meeting.”

2 – The evidence demonstrated to Mr Justice Cranston’s satisfaction that the council’s decision on the matter of contamination was sufficiently well supported by the available information and that no significant effect was likely under the Habitats Regulations.

He stated:

“Insofar as a risk was identified in relation to the construction works, this was addressed with conditions which specifically address it.”

3 – On this point, he concluded that the screening could not be regarded as flawed.

4 – Mr Justice Cranston commented that “in my judgment there was ample evidence on which to base that conclusion and it was reasonable to reach it.” The officer’s report before the planning committee had concluded that developing the site would not harm the setting of the Bishopstrow Conservation Area or nearby heritage assets. This report was considered to be sound.

The result of these conclusions is that planning permission was quashed. Whilst points 2-4 were all disregarded, the presence of bias was sufficient to overturn the planning permission on the grounds of natural justice – nemo judex in causa sua (no one should be a judge in his own cause).

www.PropertySurveying.co.uk

SRJ

Looking for a Property Surveyor in Cheam?

Building and Property Surveyors Cheam

Do you need a local independent Chartered Surveyor in Cheam or the surrounding area? We can assist, including being able to provide a structural survey, major defects report, single fault assessment, rebuilding / reinstatement valuation, building survey, property valuation, homebuyers report, property acquisition advice, or other property assistance.

Chris Hunt MRICS
Chartered Surveyor

0203 390 3203
or Freephone on 0800 880 6024

chris_hunt“My surveying experience extends from a solid core of survey reports, like the HomeBuyers Survey and the House Purchase Survey, to a wide range of residential and commercial expert surveys, valuations and reports. I can highlight any and all issues and defects at your potential property purchase or your current home, making sure you have all the information you need to proceed.

“If you are buying a property, you could save thousands in unexpected remedial works by instructing us to carry out a property survey on your behalf. Please don’t hesitate to give me a call”

Chris will deal with you directly, giving free, impartial advice on choosing the service that’s best for you. Our fees are all inclusive, so time you need to discuss the building, structure and defects after the report is free. There are no hidden costs.

Find out more about our experienced local Chartered Surveyor / Director here.

Looking for a surveyor in Newbury?

Surveyed Buildings
These are actual buildings inspected by McCall & Co, chartered surveyors of the propertysurveying network.

Pre-purchase (or pre-lease) Residential Property Surveys by McCall & Co Chartered Surveyors with experience of Period, Individual and Character houses and cottages, including with thatch and/or timber-framed walls, and/or cob walls. Personal service for discerning buyers covering the Newbury area, Berkshire.

For an informal, friendly, no- obligation discussion, please call Ian McCall TD, FRICS on

01488 686 986


 Connecting you to Independent Chartered Surveyors
www.propertysurveying.co.uk
…for all your building survey and property requirements

Are you buying a commercial property in Dewsbury?

Property and Building Surveyors Dewsbury

01138 500 501
or Freephone on 0800 880 6024

west-yorkshire-101401_640Are you buying a new house or commercial property? Our Director will deal with you directly, giving free, impartial advice on choosing a survey. We quote flat fees, so time you need to discuss the building, structure and defects after the report is free. There are no hidden costs.

We are a local practice of Chartered Surveyors covering Dewsbury, Cullingworth, Denholme, Haworth, Wilsden and the surrounding Dewsbury area, helping clients with both residential survey and commercial property issues.

Please telephone George Passey FRICS and the team to discuss your building survey or other property requirements. We are a chartered surveyors practice covering Dewsbury, Mirfield, Ossett and the surrounding area, helping clients with both residential survey and commercial property issues.


Connecting you to Independent Chartered Surveyors
www.propertysurveying.co.uk
…for all your building survey and property requirements

Are you searching for a Property Surveyor in Torquay?

www.torquaysurveyors.co.uk

Building and Property Surveyor Torquay

Are you buying a new house or commercial property? Do you need a building survey, structural survey, single fault assessment, rebuilding / reinstatement valuation, homebuyers report, party wall or property advice from a Chartered Building Surveyor in Torquay or the surrounding South Devon area?

“All buildings, properties and houses have defects. Instructing us to undertake a Full Building Survey, House Purchase Survey Report or Homebuyer (Home Buyer) Survey will give you or your vendor peace of mind.” – Lee Gallon MRICS

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Please telephone Lee Gallon MRICS and the team to discuss your building survey or other property requirements. We are a chartered surveyors practice covering Torquay, Babbacombe, Marldon and the surrounding area, helping clients with both residential survey and commercial property issues.

01803 423 803
or Freephone on 0800 880 6024


Connecting you to Independent Chartered Surveyors
www.propertysurveying.co.uk
…for all your building survey and property requirements

Could the invasion of the Super Rat threaten your home?

ratHardly a week goes by without rats featuring in the news – restaurants being closed down, infested homes being evacuated etc. Recent weeks have been no exception and so called ‘Super Rats’ are now plaguing towns across the UK. Could your house be next?
To read the whole article, click here.

Do you live in Pembroke and are not sure whether you need a Party Wall Survey?

www.pembrokesurveyors.co.uk

What is Party Wall Work?

Keith_Batten

The Party Wall etc. Act 1996 introduced a procedure for resolving disputes between owners of neighbouring properties, arising as a result of one owner’s intention to carry out works which would affect the party wall, involve the construction of a party wall or boundary wall at (or adjacent to) the line of junction between the two properties or excavation within certain distances of a neighbour’s structure and to a lower depth than its foundations.

In order to settle such disputes, the surveyor (agreed Surveyor where both parties concur in one person) or surveyors (where each party appoints their own surveyor) will resolve the dispute by making an Award, which is legally binding on both parties.

Please telephone Keith Batten FRICS and the team to discuss your survey requirements. He is a chartered surveyor covering Pembroke, Pembroke Dock, Angle and the surrounding area, helping clients with both residential survey and commercial property issues.

029 2193 2193
or Freephone on 0800 880 6024


Connecting you to Independent Chartered Surveyors
www.propertysurveying.co.uk
…for all your building survey and property requirements

They might be straw, but you can’t blow them down. Is the future of construction in straw?

It may sound like a return to the dark ages, but using straw as a construction material is a genuine technique which has now expanded beyond the realms of ‘Grand Designs’ and self-builds, and into the commercial market. We look at seven new homes in Bristol, within a project which seeks to change the way we think about building houses…
To read the whole article, click here.

Deeds, not words, prove man’s worth

The bell of the Victoria Hall in Ash, Surrey has chimed merrily for over a 100 years. Each quarter of an hour, the bell rings out and on the hour, every hour, its peels can be heard across the village. Health and Safety knows no bounds in the modern world, however, and one new resident can have a substantial impact…
To read the whole article, click here.