Details of Requisition for Search and Official Certificate of Search

Transcription

1 Official Number: PORT/17/00606 Register of Local Land Charges Ashford Borough Council Civic Centre Tannery Lane Ashford Kent TN23 1PL DX: Ashford Kent 7 Details of Requisition for Search and Official Certificate of Search Details of requisition for search (A separate requisition must be made in respect of each parcel of land except as explained on the LLC1) An official search is required in the register of local land charges kept by the abovenamed registering authority for subsisting registrations against the land defined in the attached plan and described below. Description of land sufficient to enable it to be identified: Address: Land on the South side of Pluckley Road, Bethersden, Kent TN26 Name and address to which certificate is to be sent: Conveyancing Data Services Crockhamwell Road Reading RG5 3JP Date: 02/03/2017 Telephone number: Reference: Fee received: Official Certificate of Search It is hereby certified that the search requested above reveals the 3 registrations described in the Schedule hereto up to and including the date of this certificate. Signed: on behalf of Ashford Borough Council Date: 9 March, 2017

2 Planning and Development Local Land Charges Department Telephone: Ashford Borough Council Civic Centre Tannery Lane Ashford Kent TN23 1PL DX: Ashford Kent 7 Register of Local Land Charges Schedule to the Official Certificate of Search Search No: PORT/17/00606 Date: 09/03/2017 Description of Property: Land on the South side of Pluckley Road, Bethersden, Kent TN26 Part 03 - Planning Charges Reference: 81/00815/AS Description: Conditions imposed in a planning permission granted on or after 1st August 1977 under Section 70 of the Town and Country Planning Act 1990 (as amended by Local Government (Wales) Act 1994). Proposal: Erection of shed for storage of telescopes astronomy - hobby Date of Registration: 03/08/1981 Originating Authority: Ashford Borough Council, Civic Centre, Tannery Lane, Ashford, Kent, TN23 1PL. Place of Inspection Ashford Borough Council, Civic Centre, Tannery Lane, Ashford, Kent, TN23 1PL. Reference: 81/01529/AS Description: Conditions imposed in a planning permission granted on or after 1st August 1977 under Section 70 of the Town and Country Planning Act 1990 (as amended by Local Government (Wales) Act 1994). Proposal: Recreation land Date of Registration: 03/03/1982 Originating Authority: Ashford Borough Council, Civic Centre, Tannery Lane, Ashford, Kent, TN23 1PL. Place of Inspection Ashford Borough Council, Civic Centre, Tannery Lane, Ashford, Kent, TN23 1PL. Reference: Description: 81/01530/AS Conditions imposed in a planning permission granted on or after 1st August 1977 under Section 70 of the Town and Country Planning Act

3 1990 (as amended by Local Government (Wales) Act 1994). Proposal: Rebuilding of sports & social club Date of Registration: 03/03/1982 Originating Authority: Ashford Borough Council, Civic Centre, Tannery Lane, Ashford, Kent, TN23 1PL. Place of Inspection Ashford Borough Council, Civic Centre, Tannery Lane, Ashford, Kent, TN23 1PL. Signed: Proper Officer Dated: 9 March, 2017

4 ASHFORD BOROUGH COUNCIL Note attached to all Local Land Charges Searches: Listed Buildings. 1. Statutory lists of buildings of special architectural or historic interest are registered local land charges. Lists are compiled and subsequently amended from time to time by or on behalf of the Secretary of State. Entries are listed by parish and by building name and address and/or category of building, e.g. church, school, etc. Listing has a number of important legal consequences, particularly in relation to the carrying out of works to the building. 2. From time to time, unknown to the Council or the Department for Culture, Media & Sport, the names of buildings or their precise address may change. A search may, therefore, be submitted describing a property differently from its list entry. Plans provided by the Department for Culture, Media & Sport are of a scale which does not always permit the precise identification and location of individual buildings to match up with the local search plans. Accordingly, considerable reliance may have to be placed by the Council on search descriptions. 3. On rare occasions, it is possible, therefore, that a building within a search site could be listed under a different name and/or address from that searched against and that this listing is not revealed. 4. Furthermore, under section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, certain buildings are deemed to be part of listed buildings for the purpose of that Act, namely objects or structure fixed to listed buildings or curtilage objects/structures in situ since Whether objects or structures are deemed listed under section 1(5) can often depend on detailed history of the layout, use and ownership of the structures and the listed building and, as such, it will not normally be possible to disclose objects or structures which whilst not listed in their own right are nonetheless deemed to be listed under this provision. 5. In view of the above, potential purchasers are advised to consider and check carefully whether, even if no listing is disclosed in the search result, a building within the search site might be listed under a different description or address or by virtue of section 1(5) of the 1990 Act. All statutory lists of buildings are available for inspection in the Borough Planning Officer s Department during normal office hours. In cases of uncertainty, expert advice may be required or further information may be available from Buildings Monuments & Sites, Department for Culture, Media & Sport, 2-4 Cockspur Street, London SW1Y 5DH ( ). Ashford Borough Council September 2007

5 CON29 Enquiries of Local Authority A Local Authority Name and address: Local Land Charges Civic Centre Tannery Lane Ashford Kent TN23 1PL B Address of the land/property: UPRN(s): Secondary name/number: Primary name/number: Site and Building to South West of Mill Pond Cottage Street: Pluckley Road Locality/village: Town: Bethersden Postcode Submitted as: Land on the South side of Pluckley Road, Bethersden, Kent TN26 D Fees is enclosed Signed: Dated: 02/03/2017 Reference: Telephone No: F Reply to: Conveyancing Data Services Crockhamwell Road Reading RG5 3JP Search No: PORT/17/00606 Signed: (on behalf of Ashford Borough Council) Dated: 09 March 2017 C Other roadways, footways and footpaths in respect of which a reply to enquiry 2 is required E (for HIPs regulations compliance only) Your personal data - name and address - will be handled strictly in accordance with the requirements of the Data Protection Act. It is required to pass on to the relevant authority(ies) in order to carry out the necessary searches. Notes A. Enter name and address of appropriate council. If the porperty is near a local authority boundary, consider raising certain enquiries (e.g. road schemes) with the adjoining council. B. Enter address and description of the property. Please give the UPRN(s) (Unique Property Reference Number) where known. A duplicate plan is required for all searches submitted directly to a local authority. The search may be returned if land/property cannot easily be identified. C. Enter name and/or mark on plan any other roadways, footwyas and footpaths abutting the property (in addition to those entered in Box B) to which a reply to enquiry 2 is required. D. Details of fees can be obtained from the Council, your chosen NLIS channel or search provider. E. Box E is only to be completed when the replies to these enquiries are to be includedin a Home Information Pack. Enter the name of the individual(s) and firms involved in the sale of the property. F. Enter the name and address/dx address of the person or company lodging or conducting this enquiry.

6 Planning and Development Services Local Land Charges Department DX Ashford Kent (7) Conveyancing Data Services Crockhamwell Road Reading RG5 3JP Civic Centre Tannery Lane Ashford Kent TN23 1PL (01233) Typetalk (01233) DX Ashford (Kent) 7 Search : PORT/17/00606 Address: Land on the South side of Pluckley Road, Bethersden, Kent TN26 CON29 R- STANDARD ENQUIRIES PLANNING AND BUILDING REGULATIONS Planning and Building Regulation Decisions and Pending Applications 1.1.(a) Which of the following related to the property have been granted, issued or refused or (where applicable) are the subject of pending applications? (a) a planning permission 81/00815/AS. Full Planning Permission: Erection of shed for storage of telescopes astronomy - hobby : Permit (sc) 03/08/ /01529/AS. Full Planning Permission: Recreation land : Permit (sc) 03/03/ /01530/AS. Full Planning Permission: Rebuilding of sports & social club : Permit(sc) 03/03/ (b) a listed building consent None 1.1.(c) a conservation area consent None 1.1.(d) a certificate of lawfulness of existing use or development None 1.1.(e) a certificate of lawfulness of None

7 proposed use or development NB. Planning history shown refers to planning applications received after 1 April Details of earlier planning applications may be available and can be obtained on request, free of charge. Copy documents related to questions 1.1.(a)- 1.1.(e) will be provided with your search results. If we feel that this may delay returning the results to you, we will automatically send them subsequent to the results. Documents and decisions from 2003 are also freely available on our website: (f) a certificate of lawfulness of proposed works for listed buildings None 1.1.(g) a heritage partnership agreement None. 1.1.(h) a listed building consent order None. 1.1.(i) a local listed building consent order None. 1.1.(j) building regulations approval None NB: This reply refers to those received after 1 January Older information may be held and is available on request and payment of an additional fee. Copy documents may be obtained on application to the Planning Enquiries Team. 1.1.(k) 1.1.(l) a building regulation completion certificate and any building regulations certificate or notice issued in respect of work carried out under a competent person self-certification scheme? None. None. Extent of Information Supplied: This reply does not contain information for properties adjoining, abutting or surrounding the property being searched. Planning Designations and Proposals 1.2. 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? The following designations apply: The search area falls within the Minerals Safeguarding Areas - limestone_pauldina_limestone_weald_clay_formation identified in the Kent Minerals & Waste Local Plan (MWLP) Submission Document. You can view this policy by following the link:

8 ng-policies/planning-policies/minerals-and-waste-local-plan/minerals-and-waste-local-plan To view the Ashford Borough Council Local Plan please visit our website: Ashford Borough Council Core Strategy - Adopted 10 July Ashford is a nationally designated growth area and will experience considerable change in and around the town in coming years. The Council has an adopted Core Strategy which sets out the general principles that will govern how and where that growth occurs. This is also shown on a diagram. These diagramatic proposals are gradually being turned into a series of detailed, map based plans as part of Ashford s Local Development Framework; only at this stage do they have specific site boundaries and get identified in searches where appropriate. In order to understand if there is development proposed which may have a wider impact on the property which is subject of your search, you may wish to look at the full details available on our website in the following locations: Core Strategy / Local Plan: 4 The following Local Development Framework designations apply: The search falls within the Affordable Housing Viability - Rest of Borough identified in the New Regulation 19 Ashford Local Plan Full details and documents are readily available to view online from the following link: To view the Ashford Borough Council Local Plan please visit our website: The area subject of the search falls within the Designated Neighbourhood Area of Bethersden. For further information, please contact the relevant Parish Council. For full information on the Local Development Framework, please visit our website: 4 The following Development Plans cover the Ashford Borough Council area:- (1) The Kent Minerals Local Plan, adopted by Kent County Council in sections:- (a) Construction Aggregates Plan, adopted on 14th December 1993 (b) Brickearth Plan, adopted in May No proposals affect Ashford Borough area. (c) Chalk/Clay Plan, adopted in December No proposals affect Ashford Borough area. (2) The Kent Waste Local Plan, adopted by Kent County Council in March (3) The Ashford Borough Local Plan (adopted by Ashford Borough Council on 10th June 2000) Saved Policies. (4) The Ashford Borough Council Core Strategy, adopted on 10 July 2008.

9 (5) The Ashford Borough Town Centre Area Action Plan, adopted 18 February (6) The Tenterden and Rural Sites DPD, adopted 21October (7) The Urban Sites and Infrastructure DPD, Adopted 18 October (8) Chilmington Green Area Action Plan, Adopted 18 July (9) Kent Minerals & Waste Local Plan (MWLP) : Submission Document Consultation - 31 July to 12 September Extent of Information Supplied: This reply reflects policies or proposals in any existing development plan and in any formally proposed alteration or replacement plan but does not include policies contained in planning guidance notes. Please note that a local authority search will only identify proposals that overlap the boundary of the search property and any additional questions for proposals in the vicinity will only identify proposals which physically abut the search site. Neither will identify major site proposals in the general vicinity of the search property. ROADS AND PUBLIC RIGHTS OF WAY Roadways, footways and footpaths 2.1.(a) 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 The following highways are maintainable at public expense: Pluckley Road For the extent of the public highway, please refer to the Highway Definition Team. Contact details are provided below. 2.1.(b) 2.1.(c) 2.1.(d) Subject to adoption and, supported by a bond or bond waiver to be made up by a local authority who will reclaim the cost from the frontagers to be adopted by a local authority without reclaiming the cost from the frontagers? None. None. None. For details on the full extent of any publicly maintainable highway or adoption status, please direct your enquiry to: Highway Definition Team, Kent County Council Highways & Transportation, Ashford Highways Depot, 4 Javelin Way, Ashford, TN24 8AD. Typical fee 84. Cheques should be made payable to Kent County Council. highwaydefinitionsearches@kent.gov.uk Tel: NB If a road, footpath or footway is not a highway, there may be no right to use it. The council cannot express an opinion without seeing the title plan of the property and carrying out an inspection whether or not any existing or proposed highway directly abuts the property. 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? Yes. Public Footpaths AW258A and AW259.

10 2.3 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. None. None. Plan Attached. OTHER MATTERS Land required for Public Purposes 3.1. Is the property included in land required for public purposes? Land to be acquired for Road Works 3.2. Is the property included in land to be acquired for road works? Drainage matters 3.3.(a) Is the property served by a sustainable urban drainage system (SuDS)? Not as far as known Informative: As Schedule 3 of the Flood and Water Management Act 2010 has not been brought into force, the Council is not required to keep any records regarding sustainable drainage systems, maintenance responsibilities or surface water drainage charges for any individual properties. 3.3.(b) Are there SuDS features within the boundary of the property? If yes, is the owner responsible for maintenance? Not as far as known Informative: As Schedule 3 of the Flood and Water Management Act 2010 has not been brought into force, the Council is not required to keep any records regarding sustainable drainage systems, maintenance responsibilities or surface water drainage charges for any individual properties.

11 3.3.(c) If the property benefits from a SuDS for which there is a charge, who bills the property for the surface water drainage charge? Not applicable. Informative: As Schedule 3 of the Flood and Water Management Act 2010 has not been brought into force, the Council is not required to keep any records regarding sustainable drainage systems, maintenance responsibilities or surface water drainage charges for any individual properties. Nearby Road Schemes 3.4.(a) 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 Not so far as is known. 3.4.(b) 3.4.(c) 3.4.(d) 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 the outer limits of construction works for a proposed alteration or improvement to an existing road involving: (i) construction of a roundabout (other than a mini roundabout), or (ii) widening by construction of one or more additional traffic lanes the outer limits of: (i) construction of a new road to be built by a local authority, (ii) an approved alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway, (iii) construction of a roundabout (other than a mini roundabout) or widening by construction of one or more additional traffic lanes; Not so far as is known. Not so far as is known. Not so far as is known. 3.4.(e) the centre line of the proposed Not so far as is known.

12 3.4.(f) route of a new road under proposals published for public consultation the outer limits of:- (i) construction of a proposed alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway (ii) construction a roundabout (other than a mini roundabout) (iii) widening by construction of one or more additional traffic lanes, under proposals published for public consultation Not so far as is known. Further details may be obtained from: Highways Definition Team, Miller House, 8th Floor, Lower Stone Street, Maidstone, Kent, ME15 6GB. Nearby Railway Schemes 3.5.(a) Is the property (or will it be) within 200 metres of the centre line of a proposed railway, tramway, light railway or monorail? Not so far as is known. 3.5.(b) Are there any proposals for a railway, tramway, light railway or monorail within the Local Authority's boundary? Not as far as known. Traffic Schemes 3.6.(a) 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 Not so far as is known. 3.6.(b) waiting or loading restrictions Not so far as is known. 3.6.(c) one way driving Not so far as is known. 3.6.(d) prohibition of driving Not so far as is known. 3.6.(e) pedestrianisation Not so far as is known. 3.6.(f) vehicle width or weight restriction Not so far as is known.

13 3.6.(g) traffic calming works including road humps Not so far as is known. 3.6.(h) residents parking controls Not so far as is known. 3.6.(i) minor road widening or improvement Not so far as is known. 3.6.(j) pedestrian crossings Not so far as is known. 3.6.(k) cycle tracks Not so far as is known. 3.6.(l) bridge building Not so far as is known. Further details may be obtained from: Highways Definition Team, Miller House, 8th Floor, Lower Stone Street, Maidstone, Kent, ME15 6GB. Extent of information Supplied: The answers given to questions 3.6(a) to (l) do not include any schemes subject to Section 38 Agreements identified in response to Question 2 Roads. In some circumstances road closure orders can be obtained by third parties from magistrates courts or can be made by the Secretary of State for Transport, without involving the Council. Outstanding Notices 3.7.(a) Do any statutory notices which relate to the following matters subsist in relation to the property other than those revealed in response to any other enquiry in this form? (a) building works Not as far as is known. 3.7.(b) environment 3.7.(c) health and safety 3.7.(d) housing 3.7.(e) highways 3.7.(f) public health 3.7.(g) flood and coastal erosion risk management Not as far as known Contravention of Building Regulations 3.8. Has a local authority authorised in relation to the property any proceedings for the contravention of any provision contained in building regulations? Compliance: The seller or developer should be asked to provide evidence of compliance with Building Regulations. Notices, Orders, Directions and Proceedings under Planning Acts

14 3.9.(a) 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 3.9.(b) a stop notice 3.9.(c) a listed building enforcement notice 3.9.(d) a breach of conditions notice 3.9.(e) a planning contravention notice 3.9.(f) another notice relating to breach of planning control 3.9.(g) a listed building repairs notice 3.9.(h) in the case of a listed building deliberately allowed to fall into disrepair, a compulsory purchase order with a direction for minimum compensation 3.9.(i) a building preservation notice 3.9.(j) 3.9.(k) 3.9.(l) a direction restricting permitted development an order revoking or modifying planning permission an order requiring discontinuance of use or alteration or removal of building or works 3.9.(m) a tree preservation order No but protection is afforded by Conservation Area designation. 3.9.(n) proceedings to enforce a planning agreement or planning contribution Community Infrastructure Levy (CIL) 3.10.(a) Is there a CIL charging schedule? No Informative: Ashford Borough Council is proposing to implement the Community Infrastructure Levy in the Borough. It is likely that the levy will come into effect during Consultation is

15 taking place on initial proposals for the levy (preliminary draft charging schedule) from 15th June to 10th August (b) If yes, do any of the following subsist in relation to the property, or has a local authority decided to issue, serve, or commence any of the following:- (i) a liability notice? (ii) a notice of chargeable development? (iii) a demand notice? (iv) a default liability notice? (v) an assumption of liability notice? (vi) a commencement notice? 3.10.(c) Has any demand notice been suspended? 3.10.(d) Has the Local Authority received full or part payment of any CIL liability? 3.10.(e) Has the Local Authority received any appeal against any of the above? 3.10.(f) Has a decision been taken to apply for a liability order? 3.10.(g) Has a liability order been granted? 3.10.(h) Have any other enforcement measures been taken? Conservation Area 3.11.(a) Do the following apply in relation to the property? (a) the making of the area a Conservation Area before 31 August (b) an unimplemented resolution to designate the area a Conservation Area 3.9(m) and 3.11(a) - Abutting or Part Site Replies: Extents of Conservation Areas and Tree Preservation Orders can be found on our website at: - Ashford Borough Council - Online Services - Mapping Services. (

16 Alternatively, an extract of the map may be found at the end of the document. Digital mapping services are provided for general interest only and the information displayed should not necessarily be considered as definitive. To report any inaccuracies or ommissions, please Compulsory Purchase Has any enforceable order or decision been made to compulsory purchase or acquire the property? Not so far as this council is concerned. Contaminated Land 3.13.(a) 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 3.13.(b) in relation to a register maintained under section 78R of the Environmental Protection Act 1990 (i) a decision to make an entry (ii) an entry 3.13.(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 Informative: a negative reply does not imply that the property or any adjoining or adjacent land is free from contamination or from the risk of it, and the reply may not disclose steps taken by another local authority in whose area adjacent or adjoining land is situated. Extent of Information Supplied: Answers for questions 3.13(a-c) includes details 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. However, a negative reply does not imply that the property or any adjoining or adjacent land is free from contamination or from the risk of it and the reply may not disclose steps taken by another council in whose area adjacent or adjoining land is situated. Radon Gas Do records indicate that the property is in a "Radon Affected Area" as identified by Public Health England or Public Health Wales? A new Radon map of England & Wales has been published. You are advised to consult the new UK Radon website to ascertain whether the property lies within an area where further action may be appropriate. It is also possible to obtain a Radon Risk Report from the

17 Health Protection Agency Tel Assets of Community Value 3.15.(a) Has the property been nominated as an asset of community value? If so:- (i)is it listed as an asset of community value? (ii) Was it excluded and placed on the 'nominated but not listed' list? (iii) Has the listing expired? (iv) Is the Local Authority reviewing or proposing to review the listing? (v) Are there any subsisting appeals against the listing? 3.15.(b) If the property is listed: (i) Has the Local Authority decided to apply to the Land Registry for an entry or cancellation of a restriction in respect of listed land affecting the property? (ii) Has the Local Authority received a notice of disposal? (iii) Has any community interest group requested to be treated as a bidder? (i) Not applicable (ii) Not applicable (iii) Not applicable (iv) Not applicable (v) Not applicable (i) No (ii) No (iii) No Please Note: The replies supplied in answer to questions on form CON29R relate only to matters which are not entered on the Local Land Charges Register. Notices that have been withdrawn or quashed are also not referred to.

18 GENERAL INFORMATION Search area: This product includes mapping data from Ordnance Survey with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright. All rights reserved. Licence Number Digital mapping services are provided for general interest only and the information displayed should not necessarily be considered as definitive. To report any inaccuracies or omissions, please Extract from Definitive Map of Public Rights of Way - County of Kent. Prepared by the Kent County Council in accordance with the provisions of Part IV of the National Parks & Access to the Countryside Act 1949 and Part III of the Wildlife & Countryside Act Based on the 1: scale Ordnance Survey Map with the permission of the controller of H.M. Stationery Officer Crown Copyright reserved. The County Council has updated the Definitive Map and Statement and has a relevant date of 31 May This now replaces the 1987 version. Where changes have occurred since 31 May 2013, copies of Orders will also be provided.

19 Signed: Proper Officer Dated: 09 March 2017 NB Replies to Enquiries. The above replies in both CON29R and CON29O are given in respect of the functions and proposals of Ashford Borough Council. Since the replies will only include proposals of Kent County Council as Highway Authority, insofar as Ashford Borough Council have been formally notified of them for Land Charges purposes, you may wish to make separate enquiry of Kent County Council in respect of road/traffic schemes/proposals. These replies to enquires contained in form Con29 (2007) are supplied subject to the general notes printed on that form.

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