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Castle View Oswestry Shropshire SY11 1JR Tel: 01691 671111 Fax: 01691 677348 Email: General Enquiries Find Us: Directions. View: Borough Map. Download Contact Details as a vCard |
Local Land Charges SectionPlease use the links below to jump to the section you wish to view, or scroll down this page to view the sections in order.
What is a Local Authority Search?A Local Land Charges search is required to ensure that a purchaser of land is not caught out by the existence of obligations or 'charges', enforceable against successive owners by local authorities, or central government. The word 'charge' is not defined by statute, but is used to describe a burden imposed on land, the most important factor being that the charge must be binding on successive owners or occupiers of land and/or property. The charges detailed on the Local land Charges Register would not normally be disclosed by a perusal of the title deeds or indeed by an inspection of the land or property itself. Local Land Charges may be of a financial or non-financial nature. What forms are required?Form LLCI Application for an Official Search of the Register, is submitted in duplicate by a legal practitioner or a member of the public to the appropriate Local Authority asking for a search of the Local Land charges Register to be conducted. The Local Authority is under a statutory duty to comply with that request. The registered entries consists of Planning Application approvals, Tree Preservation Orders, Agreements, Listed Buildings, Conservation Areas etc.
Form Con 29 This is a contractual document and by accepting the fee the Local authority agrees to answer some or all of the questions contained on the form. This form contains standard enquiries relating to Planning History, Road Schemes, Notices etc. The Con 29 is divided into two parts:- Con 29 (R) - This form is a required element of the Home Information Pack.
Con 29(O) - This form contains optional enquiries, and the applicant ticks the appropriate box(es) on the form relating to each question that is required answering. Each question incures an additional fee. Question 22 on this form relates to common land previously CR21.
On 1st August 2007 the new Con 29 (2007 Edition) was introduced, this enables the applicant to submit any of the forms above separately. However, all parts can be submitted together. The Local Land Charges RegisterThe Local Land Charges Register consists of twelve parts. The following are examples of the types of information or 'charges' that might be found on the Local Land Charges Register:- Financial ChargesDetailing amounts of money that are due to the Local Authority, usually these amounts have been incurred as a result of works carried out by the Council in default. Conservation AreasThese areas have been designated by the authority as areas containing special architectural or historic interest. Obviously it is desirable to preserve or enhance these areas. This designation gives additional controls over new buildings or demolition works. The Conservation Area designation also helps to protect trees. Therefore before carrying out any works to trees within a Conservation Area contact the Planning Office for advice. Smoke Control OrdersOnly certain approved types of fuel can be used in Smoke Control Areas, e.g. smokeless coal. In addition to the items revealed on the Local Land Charges Register a potential purchaser will also wish to be made aware of any notices about to be served on the property that will become binding upon any new purchaser upon completion. To cover these important but non-registrable items the questionnaire form CON29 is available. Form CON29Most Form LLC1 submissions are accompanied by a questionnaire called Form CON29. The information required to answer the questions on Form CON29 come direct from various council departments. The enquiries on Form CON29 are divided into two parts. Part 1 Standard Enquiries CON29(O) (Enquiries 1 - 3) will be replied to by the Council for one inclusive fee. Part 2 Optional Enquiries CON29(O) (Enquiries 4 - 22) are charged for individually and replies are elicited from the Council only if the purchaser or the legal practitioner places a tick in the appropriate box on the front of the form. Many of the questions contained on Form CON29 are considered to be 'warning' questions. Some of the information given may, at the end of the process, end upon the Local Land Charges Register. However, all the information given will assist a purchaser in deciding whether to proceed with the proposed purchase. It is in reply to a Form CON29 submission, that proposed road schemes within a certain distance of land or property will be revealed. Only by submitting an official CON29 form can you find out about any formal or informal notices affecting a specific property. These notices could eventually lead to formal prosecutions taking place. Only an official Form CON29 will advise you of any proposed enforcement action, planning contravention or breach of condition notices. Much of the information given by the local authority in reply to Form CON29 cannot be obtained from any other source. The majority of the information is not available to a personal searcher. As previously stated, in addition to the three standard Form CON29 questions there are 19 additional Part 2 enquiries that may be asked depending on the type and location of the land or property. An additional fee is payable per additional enquiry. Whenever a property or parcel of land is being purchased we would strongly advise that an Official LLC1 and CON29 is submitted to the relevant Local Authority. Search Response Times (Performance Indicators)Oswestry Borough Council is committed to Local and National Audit Commission standards and procedures in ensuring that search replies are processed efficiently and accurately and within a maximum of ten working days. The search process within Oswestry Borough Council response time averages 5 working days. Contact DetailsOswestry Borough Council Tel: 01691 677209
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