REGISTER OF LOCAL LAND CHARGES OFFICIAL CERTIFICATE OF SEARCH

Transcription

1 Braintree District Council Causeway House Bocking End Braintree CM7 9HB Telephone: Fax: REGISTER OF LOCAL LAND CHARGES OFFICIAL CERTIFICATE OF SEARCH Search Number: 1718_01776 Date: 22-Feb-2018 Enquirer: L N BLYTH 63 EASTERN AVENUE, SOUTHEND ON SEA SS2 5QX Enquirer s Reference: Requisition for Search: Registering Authority: Search Address: An official search is required in the register of local land charges kept by the below-named registering authority for subsisting registrations against the land described below Braintree District Council 170, High Street Kelvedon Colchester Essex CO5 9JD Additional Parcels: Total Fee Official Certificate of Search It is hereby certified that the search requested above reveals the 2 registrations described in the Schedule(s) hereto up to and including the date of this certificate. Signed On behalf of Braintree District Council Page 1 of 1

2 LLC1: Search Reference: 1718_01776 Date: 22/02/18 Braintree District Council Register of Local Land Charges Part 3: Planning Charges (b) Other planning charges Description of charge (including reference to Originating Authority appropriate statutory provision) PROPOSED EXTERNAL ILLUMINATION OF EXISTING FASCIA SIGN. (170) CONDITIONAL PLANNING CONSENT (T & C.P. ACT 1971) Braintree District Council, Causeway 3BC77 - CONDITIONAL PLANNING CONSENT (T & C.P. House, Braintree, Essex ACT 1971) Reference: BTE/A/44/84 TLC Ref: PT PROPOSED ALTERATIONS TO EXISTING FRONT ELEVATION (170) CONDITIONAL PLANNING CONSENT (T & C.P. ACT 1971) Braintree District Council, Causeway 3BC77 - CONDITIONAL PLANNING CONSENT (T & C.P. House, Braintree, Essex ACT 1971) Reference: BTE/925/84 TLC Ref: PT Place where relevant documents may be inspected Braintree District Council, Causeway House, Braintree, Essex CM7 9HB Braintree District Council, Causeway House, Braintree, Essex CM7 9HB Date of Registration 18/12/ /09/1984 Page 1 of 1

3 Search Reference: 1718_01776 Property Address: 170, High Street Kelvedon Colchester Essex CO5 9JD Causeway House, Bocking End Braintree. CM7 9HB Date: 21-Feb-2018 Scale: 1: 1250 Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings, Braintree District Council, 06 June 2001

4 Braintree District Council Causeway House Bocking End Braintree CM7 9HB Telephone: Fax: CON29 ENQUIRIES OF LOCAL AUTHORITY (2016 Edition) Enquirer: L N BLYTH 63 EASTERN AVENUE, SOUTHEND ON SEA SS2 5QX Search Reference: 1718_01776 NLIS Reference: Date: 22-Feb-2018 Search Address: 170, High Street Kelvedon Colchester Essex CO5 9JD Other Roads etc: I refer to your Standard Enquiries relating to the above property. These replies relate to that property as shown on the location plan where supplied. The replies are given subject to the Notes to the Standard Enquiries. All correspondence relating to these answers should quote the official Search Reference. Search Reference: 1718_01776 Page 1 of 16

5 Standard Enquiries of Local Authority PLANNING AND BUILDING REGULATIONS 1.1 Planning and building decisions and pending applications Which of the following relating to the property have been granted, issued or refused or (where applicable) are the subject of pending applications or agreements? Please see non registered Planning Applications listed below in 1.1(a) to (f). For any registered Planning history, please refer to the Register of Local Land Charges. (a) a planning permission Reference: 12/01356/FUL Proposal: Change of use from commercial (Estate Agent's Offices) to residential comprising 2 no. one bedroom self contained flats on ground and first floor levels 170/170A High Street Kelvedon Colchester Essex CO5 9JD Date Decision Issued: 27/11/2012 Decision: Refused then dismissed on appeal Appeal Reference: 12/00069/REF Appeal Date: 20/12/2012 Appeal Decision: Appeal Dismissed Reference: 16/01401/COUPA Proposal: Notification for Prior Approval for a Change of Use from Shops (Class A1), Financial and Professional Services (Class A2), Betting Offices, Pay Day Loan Shops and Casinos (Sui Generis Uses) to Restaurants and Cafés (Class A3) - Change of use of ground floor to cafe style coffee and sandwich shop and relocation of current computer services to first floor with associated new signage 170 High Street Kelvedon Essex CO5 9JD Date Decision Issued: 13/10/2016 Decision: Approval Required and Not Given (b) a listed building consent (c) a conservation area consent (d) a certificate of lawfulness of existing use or development (e) a certificate of lawfulness of proposed use or development (f) a certificate of lawfulness of proposed works for listed buildings Informative: 1.1(a) to (f) See Register and Planning Schedules above. For Planning History prior to April 1974, contact the Planning Department. If the Search includes a dwelling that was built between 1948 and 1974 and is outside any built-up area, you are strongly advised to check that there is no Agricultual Occupancy Condition on the original Permission for the dwelling. Search Reference: 1718_01776 Page 2 of 16

6 If the Search Property was built before 1st July 1948, you will need to satisfy yourself that it is not Statutorily Listed by virtue of its location within the curtilage of another Statutorily Listed Building (g) a heritage partnership agreement (h) a listed building consent order (i) a local listed building consent order (j) building regulations approval Please note the Council only provides details of works under a building regulations approval where notice of such works was given to the Council within 15 years of the date of your search request. If you believe any works have been carried out to the property more than 15 years ago, please contact the Council's Building Control Team who may be able to assist you. (k) building regulation completion certificate and If details of any Building Control approvals are shown in 1.1(j) above but a completion certificate is not listed in the answer to this question OR you believe any works have been carried out to the property more than 15 years before the date of your search request, please contact the Council's Building Control Team who may be able to assist you. (l) any building regulations certificate or notice issued in respect of work carried out under a competent person self-certification scheme? Informative: 1.1(l) The information disclosed does not extend back before January For information prior to this date you should contact the Building Control Department direct as this will require additional research and there will be an additional cost. There may be a delay in a reply being given due to limited resources. Please note that the original Certificates are NOT held at Braintree District Council. Please contact the relevant competent person self-certification scheme representatives. 1.2 Planning designations and proposals What designations of land use for the property, or the area, and what specific proposals for the property, are contained in any existing or proposed development plan? Within Village Envelope Conservation Area Within Archaeological Site In returning to you the completed Official Certificate of Search, together with Replies and Enquiries, we have been Search Reference: 1718_01776 Page 3 of 16

7 asked to draw your attention to the fact that this property is within an area listed as being of archaeological significance. Should any works be carried out that would substantially disturb the sub-soil (such as the digging of service or foundation trenches), you should notify the County Planner to enable an approved archaeologist to inspect the works and record any archaeological features which might appear. No disturbance to your client's use of the property as a private dwelling-house (or alternative activity where applicable) is likely to arise out of the presence of archaeological evidence. In the event of proposed excavations, would you please notify the County Planner (for the attention of the Archaeologist), Essex County Council, County Hall, Chelmsford, Essex, telephone ROADS AND PUBLIC RIGHTS OF WAY Roadways, footways and footpaths 2.1 Which of the roads, footways and footpaths named in the application for this search (via boxes B and C) are: (a) highways maintainable at public expense Yes High Street & Bellingham Place If you require further clarification concerning the answer to this question please contact their highways team by to DM.BusMan@essexhighways.org quoting the search number shown on the LLC1 Certificate. (b) subject to adoption and, supported by a bond or bond waiver Not applicable (c) to be made up by a local authority who will reclaim the cost from the frontagers Not applicable (d) to be adopted by a local authority without reclaiming the cost from the frontagers Not applicable Public rights of way 2.2 Is any public right of way which abuts on, or crosses the property, shown on a definitive map or revised definitive map? No For the route of a public footpath the Applicant could inspect the Definitive Map maintained on behalf of Essex County Council via their website Are there any pending applications to record a public right of way that abuts, or crosses the property, on a definitive map or revised definitive map? 2.4 Are there any legal orders to stop up, divert, alter or create a public right of way which abuts, or crosses the property not yet implemented or shown on a definitive map? 2.5 If so, please attach a plan showing the approximate route. Search Reference: 1718_01776 Page 4 of 16

8 Not applicable UNLESS the answer to question 2.2 above is Yes, in which case please refer to the attached PROW Plan provided by Essex Highways OTHER MATTERS Apart from matters entered on the registers of local land charges, do any of the following matters apply to the property? If so, how can copies of the relevant documents be obtained? Note: Matters entered onto the Local Land Charges Register, or visible by property/site inspection, will not be referred to (where relevant) in answer to the enquiries 3.1. to below. 3.1 Land required for public purposes Is the property included in land required for public purposes? No,other than shown in the local land charges register 3.2 Land to be acquired for road works Is the property included in land to be acquired for road works? 3.3 Drainage matters (a) Is the property served by a sustainable urban drainage system (SuDS)? Schedule 3 of the Flood and Water Management Act 2010 has yet to be enacted, therefore the County Council is not legally required to record details of property related SuDS. However, some information relating to property SuDS may have been submitted with the relevant planning application which can be viewed on our website at The County Council also has a record of flood assets which is available at: It/Pages/Flood-and-water-management.aspx (b) Are there SuDS features within the boundary of the property? If yes, is the owner responsible for maintenance? Schedule 3 of the Flood and Water Management Act 2010 has yet to be enacted, therefore the County Council is not legally required to record details of property related SuDS. However, some information relating to property SuDS may have been submitted with the relevant planning application which can be viewed on our website at The County Council also has a record of flood assets which is available at: It/Pages/Flood-and-water-management.aspx (c) If the property benefits from a SuDS for which there is a charge, who bills the property for the surface water drainage charge? Schedule 3 of the Flood and Water Management Act 2010 has yet to be enacted, therefore the County Council is not legally required to record details of property related SuDS. However, some information relating to property SuDS may have been submitted with the relevant planning application which can be viewed on our website at The County Council also has a record of flood assets which is available at: It/Pages/Flood-and-water-management.aspx 3.4 Nearby road schemes Is the property (or will it be) within 200 metres of any of the following? (a) the centre line of a new trunk road or special road specified in any order, draft order or scheme Search Reference: 1718_01776 Page 5 of 16

9 (b) the centre line of a proposed alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway (c) the outer limits of construction works for a proposed alteration or improvement to an existing road involving:- (d) the outer limits of: (e) the centre line of the proposed route of a new road under proposals published for public consultation (f) the outer limits of:- 3.5 Nearby railway schemes (a) Is the property (or will it be) within 200 metres of the centre line of a proposed railway, tramway, light railway or monorail? No, other than shown in the local land charges register or in the notes at the end of this search. (b) Are there are any proposals for a railway, tramway, light railway or monorail within the Local Authority's boundary? 3.6 Traffic schemes Has a local authority approved but not yet implemented any of the following for the roads, footways and footpaths which are named in Boxes B and C and are within 200 metres of the boundaries of the property? (a) permanent stopping up or diversion (b) waiting or loading restrictions Search Reference: 1718_01776 Page 6 of 16

10 (c) one way driving (d) prohibition of driving (e) pedestrianisation (f) vehicle width or weight restriction (g) traffic calming works including road humps (h) residents parking controls (i) minor road widening or improvement (j) pedestrian crossings (k) cycle tracks (l) bridge building 3.7 Outstanding notices Do any statutory notices which relate to the following matters subsist in relation to the property other than those revealed in a response to any other enquiry in this form? (a) building works Search Reference: 1718_01776 Page 7 of 16

11 (b) environment (c) health and safety (d) housing (e) highways (f) public health There are no outstanding Environmental Health Notices. (g) flood and coastal erosion risk management Not applicable according to The Flood & Water Management Team at Essex County Council 3.8 Contravention of building regulations Has a local authority authorised in relation to the property any proceedings for the contravention of any provision contained in building regulations? 3.9 Notices, orders, directions and proceedings under Planning Acts Do any of the following subsist in relation to the property, or has a local authority decided to issue, serve, make or commence any of the following? (a) an enforcement notice No, other than shown in the Local Land Charges Register. (b) a stop notice No, other than shown in the Local Land Charges Register (c) a listed building enforcement notice No, other than shown in the Local Land Charges Register Search Reference: 1718_01776 Page 8 of 16

12 (d) a breach of condition notice No (e) a planning contravention notice No (f) another notice relating to breach of planning control No, other than shown in the Local Land Charges Register (g) a listed building repairs notice No, other than shown in the Local Land Charges Register (h) in the case of a listed building deliberately allowed to fall into disrepair, a compulsory purchase order with a direction for minimum compensation No, other than shown in the Local Land Charges Register (i) a building preservation notice No, other than shown in the Local Land Charges Register (j) a direction restricting permitted development (k) an order revoking or modifying planning permission No, other than shown in the Local Land Charges Register (l) an order requiring discontinuance of use or alteration or removal of building or works No, other than shown in the Local Land Charges Register (m) a tree preservation order No, other than shown in the Local Land Charges Register. NOTE: If you require a copy of any such Order shown in the Local Land Charges Register please a request to landscapeservices@braintree.gov.uk for which there will be a charge of 1.50 payable in advance. If you require a copy of any Tree Preservation Order shown in the Local Land Charges Register or otherwise referred to above the Council will provide a copy upon payment of #1.50 per Order. If you require a copy please contact the Council_s Landscape Services Department (n) proceedings to enforce a planning agreement or planning contribution Search Reference: 1718_01776 Page 9 of 16

13 No 3.10 Community infrastructure levy (CIL) (a) Is there a CIL charging schedule? Not Applicable. Braintree District Council does not currently have a CIL charging register (b) If, yes, do any of the following subsist in relation to the property, or has a local authority decided to issue, serve, make or commence any of the following:- Not Applicable (c) Has any demand notice been suspended? Not Applicable (d) Has the Local Authority received full or part payment of any CIL liability? Not Applicable (e) Has the Local Authority received any appeal against any of the above? Not Applicable (f) Has a decision been taken to apply for a liability order? Not Applicable (g) Has a liability order been granted? Not Applicable (h) Have any other enforcement measures been taken? Not Applicable 3.11 Conservation area Do the following apply in relation to the property? (a) the making of the area a conservation area before 31 August 1974 Yes, property is within 1969 Conservation Area (b) an unimplemented resolution to designate the area a Conservation Area 3.12 Compulsory purchase Search Reference: 1718_01776 Page 10 of 16

14 Has any enforceable order or decision been made to compulsorily purchase or acquire the property? other than shown in the local land charges register 3.13 Contaminated land Do any of the following apply (including any relating to land adjacent to or adjoining the property which has been identified as contaminated land because it is in such a condition that harm or pollution of controlled waters might be caused on the property)? (a) a contaminated land notice (b) in relation to a register maintained under section 78R of the Environmental Protection Act 1990 (c) consultation with the owner or occupier of the property conducted under section 78G(3) of the Environmental Protection Act 1990 before the service of a remediation notice 3.14 Radon gas Do records indicate that the property is in a "Radon Affected Area" as identified by Public Health England? No, The property is in a Lower probability radon area (less than 1% of homes are estimated to be at or above the Action Level). The property is not in a radon affected area Assets of Community Value (a) Has the property been nominated as an asset of community value? No (b) If the property is listed: No These replies have been given in accordance with the notes appended to CON29 form. References to the provisions of particular Acts of Parliament or Regulations include any provisions which they have replaced and also include existing or future amendments or re-enactments. The replies will be given in the belief that they are in accordance with information presently available to the officers of the replying local authority, but none of the local authorities or their officers accepts legal responsibility for an incorrect reply, except for negligence. Any legal responsibility for negligence will be owed to the person who raised the enquiries and the person on whose behalf they were raised. It will also be owed to any other person who has knowledge (personally or though an agent) of the replies before the time when he purchases, takes a tenancy of, or lends money on the security of the property or (if earlier) the time when he becomes contractually bound to do so. This Form should be read in conjunction with the guidance notes available separately. Search Reference: 1718_01776 Page 11 of 16

15 Area means any area in which the property is located. References to the Local Authority include any predecessor Local Authority and also any Local Authority committee, sub-committee or other body or person exercising powers delegated by the Local Authority and their approval includes their decision to proceed. The replies given to certain enquiries cover knowledge and actions of both the District Local Authority and County Local Authority. Where relevant, the source department for copy documents should be provided. Search Reference: 1718_01776 Page 12 of 16

16 Standard Information The attached search replies have been carried out on behalf of Braintree District Council ("the Council"). In producing these replies we have inspected all relevant documentation and information held by us to provide the necessary responses to the questions, with the exception of responses to highway questions which are supplied by Landcharges,Essex Highways E3 County Hall,Market Road, Chelmsford, Essex, CM1 1QH, DX3322 Chelmsford, and the party responsible for these responses will be Essex Highways. If you have any issues concerning the attached search replies or believe that any errors have been made, these are to be brought to the attention, in writing, of the following persons:- (a) in respect of any non-highway related matters, Local Land Charges, Braintree District Council, Causeway House, Bocking End, Braintree, Essex, CM7 9HB, Telephone , (b) in respect of highway related matters, Landcharges, Essex Highways E3 County Hall, Market Road, Chelmsford, Essex, CM1 1QH, DX3322 Chelmsford, Any complaints regarding any non-highway related matters contained in the attached search replies are to be referred to Braintree District Council in accordance with their complaints procedure details of which can be found on the Council's web site at Any complaints regarding any highway related matter contained in the attached search replies are to be referred to Landcharges, Essex Highways E3 County Hall,Market Road, Chelmsford, Essex, CM1 1QH, DX3322 Chelmsford, The replies to enquiries 3.1 to 3.13 relate only to matters which are not entered on the Local Land Charges Register. Search Reference: 1718_01776 Page 13 of 16

17 CUSTOMER CONTRACT The aim of the Local Land Charges service is to: Maintain a Register of Local Land Charges for all property within the Braintree District. Ensure that all entries in the Register are accurate and up to date. Reply to requisitions for Local Land Charge Searches and associated enquiries for properties and areas of land within the District. Provide by appointment, personal search information from the Local Land Charges Register. What you can expect from us: Our aim is to provide an accurate, responsive, effective and efficient Local Land Charges service. To demonstrate our commitment we aim to process all searches within 10 working days. This target is dependent upon having received the correct fees and plans and all the necessary information from the relevant sources. No hidden costs. Clear interpretation of matters affecting your property. No third party intermediary. Identified source to refer queries. These are some of the things you can do to help us process your search requisition efficiently and with the minimum of delay: Ensure that two copies of an up to date identification plan are enclosed with the requisition. In the case of a new development, the plot number, the date that the layout plan was deposited, the name of the development and the name of the developer/builder will suffice. All plans should show the surrounding roads, with the property to be searched outlined in red. Ensure that the search forms are submitted with the correct fee. Details can be obtained from the Law Society and they are also posted on our website Alternatively you can contact us for details on All cheques should be made payable to Braintree District Council. Personal cheques from clients are not acceptable. An address should be quoted on all searches. What to do if things go wrong: If we do not provide the service we promised and if you are dissatisfied with the service you have received, please write to the Head of Law and Governance at the address below. How can I contact the Service? If you have any comments or suggestions regarding our service please telephone us on or write to the following address - Local Land Charges, Braintree District Council, Causeway House, Braintree, Essex, CM7 9HB. landcharges@braintree.gov.uk or visit our website for our fees Braintree District Council July Search Reference: 1718_01776 Page 14 of 16

18 Planning Enquiries Braintree District Local Plan Review and Braintree District Core Strategy: Braintree District Local Plan Review (adopted in July 2005) covers the whole of Braintree District and therefore applies to every site in the District in a general sense. The Plan sets out land allocations and policies and proposals to guide and promote development in the District. Braintree District Core Strategy (adopted in September 2011) sets out strategic policies for the whole District and allocates four growth locations in North West Braintree, South West Witham, North East Witham and West of Great Notley. Copies of the Plans are available at District Council Offices, at local libraries and on the Council website under braintree.gov.uk/planning/planning policy. Alternatively the plans can be purchased from the Development Department Local Plan Review postage and packing, Core Strategy postage and packing. The Braintree District Local Plan Review covers the period until The Core Strategy covers the period until Braintree District Council has published a draft Local Plan which suggests land allocations for uses such as new homes, employment and open space. This Plan is intended to be formally adopted in To look at the draft Plan and how it may affect the property or land to which your search refers please see Town Development Boundary/Village Envelope: These define the limits to settlements; outside these limits countryside policies will apply and new development will not normally be permitted. Environmental Improvement Areas: This is a general policy which covers a variety of proposals for initiatives aimed at improving the environment for certain areas, including proposals such as tree planting and landscaping, or street paving works, or the removal of overhead wires and cables. The policy does not imply redevelopment. Conservation Area: A Conservation Area is a place of special architectural or historic interest, the character and appearance of which the Council has a duty to preserve and enhance. Various special and more stringent rules apply as to the need for planning permission within a Conservation Area, and wherever new building and alterations are proposed, the highest standard of design will be required so as to enhance and accord with the Conservation Area. Shopping Area: Within the defined Shopping Area there will normally be a presumption in favour of retail uses. Outside the defined area, further shopping development may be permitted but will be restricted to that which is sufficient to meet the day to day needs of local residents. Visually Important Space: Visually Important Space is an area of open land in a town or village which contributes to the character of the locality or which is important visually by virtue of being open and undeveloped. In many cases these areas will be in private ownership, such as well treed gardens next to the river walks and meadows within villages. The definition of a piece of land as visually important space does not mean that there is a right of public access, but it does imply a presumption against development of the land. Search Reference: 1718_01776 Page 15 of 16

19 Drainage Enquiries Where the property has a watercourse (which includes ditches, streams and other water routes other than main rivers) within its boundary or bordering the boundary line, the owner of the property is deemed the riparian owner as per the Land Drainage Act That person is responsible for the maintenance of the watercourse for the length which is on or beside the owner's land. Any alterations to the watercourse or works in, or beside the watercourse may require the consent of the Environment Agency or the Land Drainage Authority (Braintree District Council Engineers Section, Environmental Health). These organisations should be contacted before any work is undertaken. Search Reference: 1718_01776 Page 16 of 16

20 Braintree District Council Causeway House, Bocking End, Braintree CM7 9HB LOCAL LAND CHARGES VAT RECEIPT VAT Receipt Number: 1718_01776 VAT Receipt Date: 21-Feb-2018 Applicant: L N BLYTH 63 EASTERN AVENUE, SOUTHEND ON SEA SS2 5QX Search Reference: 1718_01776 Online Reference: Online Source: Search Date: 21-Feb-2018 Search Property: 170, High Street Kelvedon Colchester Essex CO5 9JD Product Description Service Description VAT Rate % NET Amount VAT Amount Total Amount LLC1 Full CON29 Standard (Full) Totals VAT is chargeable on items shown above that are related to the CON29 part of this search. Other items are exempt for VAT purposes Braintree District Council