METHOD OF SALE

The property will be offered for sale by Online Traditional Auction (unless sold prior.) The auction end date is Wednesday 9th October 2024 at 5pm.

The vendor reserves the right to withdraw or alter the property for sale prior to the auction end date.

SITUATION

The Linhay is situated to the North of West Leigh Farm situated just outside the village of Modbury in South Devon and within relatively easy reach of the A38 Devon Expressway. Modbury - the name deriving from the Anglo Saxon for "meeting place" is a picturesque town in the heart of an Area of Outstanding Beauty. It has a highly-rated primary school and caters well for most everyday requirements, with a great range of independent shops, cafes, galleries along with two pubs, a Church and a gym. For more comprehensive needs, Kingsbridge is some 7 miles to the South and offers an excellent and varied range of shops, services and facilities whilst Plymouth, with its rail and air links is approximately 12 miles to the West. Modbury is on a main bus route and is also only some 5.5 miles from the A38. Nearby there are fine cliff-top and coastal walks and numerous beaches and coves.

DESCRIPTION

The Linhay is a traditionally built stone and cob barn set within its own plot of approximately 0.23 of an acre . The Linhay is accessed via a private track and parking will be available within its curtilage. The deemed planning consent is to convert into one dwelling arranged over two floors to provide an open-plan living, dining, kitchen along with a study/snug and a bathroom on the ground floor with two bedrooms and a shower room on the first floor.

The Linhay appears to have potential for further extension, subject to obtaining the necessary permissions.

TOWN & COUNTRY PLANNING

The building benefits from Class Q prior approval with which is confirmed as being required and given via deemed consent in decision reference 2531/23/PDM dated 25th July 2024.

The decision sets out a number of informatives which are as follows:

‘‘Attention is drawn to the conditions contained within Class Q.2 of Class Q, Part 3, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Please note condition (3), which requires the development to be completed within a 3 year period from the date of prior approval being granted.

The applicants attention is drawn to the advice contained within paragraph 105 of the Planning Practice Guidance which states that the proposed works are only considered to benefit from the permitted development right on the understanding that no new structural elements are proposed. The existing building should be structurally strong enough to take the loading which comes with the external works to provide for the proposed residential use. If any new structural works are required then the proposal will not benefit from permitted development afforded by Class Q of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended.)

You should note that certain wildlife habitats and species are subject to statutory protection under the Wildlife and Countryside Act 1981 (as amended) and/or the Habitats Regulations 1994. It is a criminal offence to breach the provisions of these legal constraints and if your development impacts upon such sites or species you are advised to take advice from a competent ecologist who has experience in the habitats/species involved and, as necessary, any relevant licenses from Natural England.

The responsibility for ensuring compliance with the terms of the approval rests with the person(s) responsible for carrying out the development. The Local Planning Authority uses various means to monitor implementation to ensure that the scheme is built or carried out in strict accordance with the terms of the permission. Failure to adhere to the approved details can render the development unauthorised and vulnerable to enforcement action.’’

Two trees adjacent to the building are subject to a Tree Preservation Order reference RP/511026, this TPO is provisional so it is in effect but it is not yet confirmed and is subject to challenge by the current landowner and the TPO will be confirmed, amended or removed within 6 months of the 19th July 2024. 

PLANS AND DRAWINGS

The plans and drawings attached are for illustration and identification purposes only. They are not to scale. 

AGENTS NOTE

Please note this sale will include normal Estate covenants, including a prohibition against further development or change of use without the consent of the vendor, or their successor in title. The Purchaser will also be required to erect a boundary fence. The Purchaser will be responsible for the connection of services. The Purchaser will contribute a fair proportion towards the maintenance of the shared driveway.

SERVICES

Services are not connected to the site.

ACCESS

Initial access over a shared driveway and then private driveway.

LOCAL AUTHORITY

South Hams District Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE.

PROOF OF INDENTITY

Under Money Laundering Regulations 2017 it is a requirement for Estate Agents to perform due diligence checks on any person that intends to bid at auction. There will be a requirement for all bidders to register via the online sales site and complete the ID checks. There is no charge for registration.

BUYERS & ADMINISTRATION FEES

The successful purchaser(s) will be liable to pay the sum of £5,000. From this a buyer’s fee of £2,400 inc VAT is retained by Stags/Bamboo as a contribution towards the online platform costs, and £2,600 is payable towards the purchase price.

An additional administration fee of £1,200 inc VAT will be payable by the successful purchaser immediately after the auction. 

On Completion the Buyer shall pay to the Seller, in addition to the Price, the cost incurred by the Seller in obtaining the searches included in the Auction Pack.

DEPOSIT PAYMENT 

The Seller and Buyer agree that the winning Bidder may transfer the remainder of the 10% deposit (less the amounts paid online) within 48 hours of the end of this online auction. Clauses 6.1, 6.2 and 7.1 of the Holding Deposit Agreement shall be read as amended to reflect this accordingly.

The remainder of the 10% deposit payment is handled by the buyer’s solicitors and must be in their client account no later than 48 hours post exchange. It is essential that you instruct your solicitor in advance of the auction.

LEGAL PACK

Copies of the legal pack and special conditions of sale are available online to be downloaded, via the tab on the online auction property listing page. Prospective purchasers will need to register with the Bamboo online platform in order to download the legal pack. It is the purchaser’s responsibility to make all necessary enquiries prior to the auction. Prospective purchasers are strongly advised to inspect the legal documentation, this will/may contain material information regarding the property, and to consult legal advice prior to bidding.

SOLICITOR ACTING

Michelmores LLP

Woodwater House, Pynes Hill, Exeter, Devon, EX2 5WR

Telephone: +44 (0) 1392 687508

          +44 (0) 7521 054878

FAO: Zilah Nelson

Email: Zilah.Nelson@michelmores.com 

COMPLETION DATE

The completion date is Friday 25th October 2024 and included in the legal pack. 

VIEWING

Strictly by appointment only through our Stags Kingsbridge branch.

DIRECTIONS

From Kingsbridge proceed along the A379 towards Modbury, at Harraton Cross turn right, after around a mile turn left, and left again after around half a mile passing the Caravan and Motor home Club Site. The entrance to the property is found on your right.

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DEFINITION OF AUCTION GUIDE AND RESERVE

Guide price(s) are an indication of the seller’s expectation. Reserve price(s) are a figure below which the auctioneer cannot sell the lot at auction. We expect the reserve will be set within the guide range or no more than 10% above a single figure guide. Guide prices may change at any time prior to the auction.

SPECIAL CONDITIONS OF SALE

Particulars, remarks and stipulations contained herein shall be deemed to form part of the special conditions of sale/auction information pack and in case of any inconsistencies the provisions of the latter shall prevail. Special conditions of sale/auction information pack is available online. It is assumed that the Purchaser will have made all necessary enquiries prior to the auction.

IMPORTANT

Stags gives notice that: 1. These particulars are a general guide to the description of the property and are not to be relied upon for any purpose. 2. These particulars do not constitute part of an offer or contract. 3. We have not carried out a structural survey and the services, appliances and fittings have not been tested or assessed. Purchasers must satisfy themselves. 4. All photographs, measurements, floorplans and distances referred to are given as a guide only. 5. It should not be assumed that the property has all necessary planning, building regulation or other consents. 6. Whilst we have tried to describe the property as accurately as possible, if there is anything you have particular concerns over or sensitivities to, or would like further information about, please ask prior to arranging a viewing.

BUYERS & ADMINISTRATION FEES

The successful purchaser(s) will be liable to pay the sum of £5,000. From this a buyer’s fee of £2,400 inc VAT is retained by Stags/Bamboo as a contribution towards the online platform costs, and £2,600 is payable towards the purchase price.

An additional administration fee of £1,200 inc VAT will be payable by the successful purchaser immediately after the auction. 

On Completion the Buyer shall pay to the Seller, in addition to the Price, the cost incurred by the Seller in obtaining the searches included in the Auction Pack.

DEPOSIT PAYMENT 

The Seller and Buyer agree that the winning Bidder may transfer the remainder of the 10% deposit (less the amounts paid online) within 48 hours of the end of this online auction. Clauses 6.1, 6.2 and 7.1 of the Holding Deposit Agreement shall be read as amended to reflect this accordingly.

The remainder of the 10% deposit payment is handled by the buyer’s solicitors and must be in their client account no later than 48 hours post exchange. It is essential that you instruct your solicitor in advance of the auction.