UK Property Law
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i share in the context that is a party wall.
the hotel own it.
responsibility for its upkeep rests wholly with the hotel
The situation with the wall is not favourable for you. I willexplain.
I have to ignore the listed element of the wall which is not amatter for you put a matter for the local authority and any heritageorganisations involved. They are the ones that will enforce the rebuilding ofthe wall by the hotel.
The wall is the hotel responsibility under the hotel's gone intoliquidation, it then becomes the responsibility of whoever buys the hotel.
So, leaving the fact that the wall is listed to one side (no punintended) I am just going to deal with the issue of the wall and itsnonexistence and present.
The wall is owned by the hotel on your own admission. They have noliability or onus to keep the wall in place, because they may actually preferit with no warning place! It is different if the structure is dangerous, theyare under a duty to make it safe and if that involves removing it completelyand they are happy with the results, then they can do that.
The fact that you may like their wall being there is immaterial. Thefact that it may have removed your security is of no concern to them which isobviously of concern to you.
You cannot compel them to put up another wall except with regard tothe fact that the wall is listed, when it will be dealt with by the localauthority.
I'm sorry, I appreciate this is not the answer you wanted but thereis no point in me misleading you. I have a duty to advise you truthfully andhonestly, even if the answer is unfavourable
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i understand there are two issues.
i had just about got there myself on my personal view on hotel wall.
but the question remains that as it is a listed wall, what powers of enforcement do the local council/english heritage have?
given that there is no 'to be completed by date' on the approval decision.
technically the hotel have complied with the decision in that they have demolished what was a dangerous structure and have commenced the work within the prescribed timescale. i.e inside 3 years of planning approval.
if the authorities have no power of enforcement, conceivably the wall may never be rebuilt! is that a possible scenario?
if not what representations can i justifiably make to the auhorities to facilitate action/enforcement or are there no legal avenues open to me whatsoever?
these are the key questions..
additionally is it not naive/unacceptable that the council did not include any stipulation regarding work completion?
The same thing applies here as does with planningconsent. It has to be started within five years in that case but there is notimescale for completing it. Whoever drafted the legislation was clearly in norush!
If there is no timescale noted, then the timeperiod must be "reasonable".
Now whilst reasonable might not seem veryaccurate (I agree) courts do like "reasonable" because it means that it iscompletely open to interpretation by the court.
If this is in the backwoods way out beyond, thena reasonable period might be two years. If it is in the middle of town oradjacent to a highway, it could be a matter of months.
It is a supporting wall and there are otherissues to take into account such as retaining other land, it could be longerand even years even if it is in a busy area.
So, you can see that there is no definitiveanswer but I would think that in the circumstances months not years would beappropriate and I would think that probably three months/6 months would not beunreasonable.
The local authority does have power ofenforcement because the wall is listed. If it was demolished with a view tobeing rebuilt, or local authority can order it rebuilt. They had consent torebuild, not consent to remove. Ultimately, or local authority can enforce thisagainst the landowner and of the landowner has gone into liquidation, it isenforceable against future landowners who will buy the property subject toliability to rebuild the wall
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