RESIDENTS have told they are forced out of their homes for two months every year despite paying council tax.
Locals of the Isle of Sheppey in Kent feel “misled” after buying their properties.
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Pensioners living at Beverley Park have been embroiled in a long-standing battle for the legal right to stay in their homes all year round.
They bought their park homes thinking they could live there permanently.
But they later found out they are only allowed to stay for 10 months each year.
The residents, mostly aged between 75 and 97, formed an action group to push for planning permission to change the property’s status.
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A refusal would have significant adverse personal and financial implications for the occupants of the homes on the site
Beverley Park residents
However, their request to change the rule was recently turned down by the council.
Swale Council said they plan to keep the park as a holiday spot for two months to avoid noise and disruption from tourists.
They also added the area isn’t suitable for permanent residency due to its remote location.
But homeowners argue that they are not tourists but permanent residents paying council taxes.
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Wendy Benton has been living at the park with her husband and cat for seven years.
The mum-of-five said they bought their home thinking they could live there all year, but they were disappointed.
The 75-year-old said: “We bought our home in December 2016 and moved on here in March 2017.
“What we didn’t realise was that the planning decision to make it 12 months had been denied.”
The park used to be a holiday spot with caravans and chalets, but it was changed to residential homes a few years ago.
Residents were told they could live there permanently, but this promise was never fulfilled.
The park was recently bought by Cosgrove Leisure Parks, who said they had nothing to do with the promises made by the previous owner.
‘MISLED’
Cllr James Hunt, a Conservative for the Meads, said: “It is difficult. We’d love to say no problem, stay there because we know the implication this will have on the residents there but in planning terms, and policies, the officer has got the right recommendation.
“It is a shame it has come to this and that the residents have been mis-sold [by the previous owner].”
Despite their disappointment, residents are up in arms to stay in their homes all year.
They argue that forcing them out every year would cause them hardship and stress.
A spokesperson for the Beverley Park Action Group explained: “A refusal would have significant adverse personal and financial implications for the occupants of the homes on the site.
“This is a system that is working and the applicants are asking to legitimise the situation that has already developed through no fault of their own, who may well have been the victims of some serious miselling in the first place.
“If you chuck them out for two months they’ve got nowhere else to go, it is just going to place more emphasis and more hardship on other council issues.”
Councillor Tara Noe, representing the area, said that while the council understands resident’s frustrations, they have to follow the rules.
She said: “This is a tight-knit community of vulnerable, elderly people.
“The committee showed great sympathy, as have many before them. No one wants to force these pensioners out. While safe from enforcement today, though, they cannot rest easy.
“They haven’t the rights that come with residential status and will live in perpetual fear of what’s around the corner.”
Wendy added: “We will be remaining on site all year round while we appeal the decision.”
The Sun has approached Swale Council, Beverley Park and Beverley Park Action Group for comment.
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It comes as a man has been allowed to keep his “Game of Thrones” garden statues after furious neighbours said they looked “like a gift shop”.
Lee Morris has installed a dragon statue, four model RAF warplanes and a vintage tractor outside his home in north Lincolnshire.
What are your rights?
When it comes to a neighbour’s extension or building works, there are a few common causes of discord.
Overstepping property boundaries is a common problem, and it’s important to check where the boundary lies to see whose land the works are taking place on.
You can buy these for as little as £3 from Land Registry.
Meanwhile, the Party Wall Act 1996 is a piece of legislation designed to prevent and resolve disputes between neighbours over building or digging work that affects a party wall.
Tom Edwards, partner in property disputes at LCF Law, said works within six metres of an adjoining home could fall within the act, which means neighbours must be given written notice.
He said: “Owners can also acquire rights to light over time. If you’ve had the benefit of natural light to your property for 20 years or more, even if it’s not in your deeds, it can become your legal right.”
This post first appeared on thesun.co.uk
