Bizarre planning restrictions on our house
Discussion
I have to maintain a stock-proof fence around two of the borders of my garden and am not allowed to erect any structure on one section of the garden, this for the benefit of the residents of three cottages over the road. I guess that means that if I wanted to put a shed on it I'd need to ask the people that lived in those houses and get the deeds changed somehow.
The fence clause dates back to the original deeds for the sale of the land on which the house was built, which are from before WWII. The other clause only appears in my deeds when the extra section of garden was bought from the next door neighbours in the 1980s (but presumably was in their deeds before that).
The fence clause dates back to the original deeds for the sale of the land on which the house was built, which are from before WWII. The other clause only appears in my deeds when the extra section of garden was bought from the next door neighbours in the 1980s (but presumably was in their deeds before that).
Mine says that if 'immediate' neighbours deem any property to be 'unkept' they can instruct contractors to remedy the eyesore and invoice the occupier.
Also
No caravans
No walls, solid fences on the front garden aligned with the path.
There are others, can't remember them all, only the top one really struck a note though, as we were lazy buggers and never cut our front lawn (ended up having it stoned) :heheh:
Also
No caravans
No walls, solid fences on the front garden aligned with the path.
There are others, can't remember them all, only the top one really struck a note though, as we were lazy buggers and never cut our front lawn (ended up having it stoned) :heheh:
Brown and Boris said:
They tend to be covenants placed by the builders which last for a period (10 years?) to ensure the estate stays tidy. We used to have one which told us which shrubs we had to plant in the front garden if we had a hedge (had to be Berberris).
How can any one say that these are builder's covenants when the OP's solicitor stated (according to the OP) that they are Planning Restrictions? I assume the solicitor actually read the results of their searches and commented accordingly.In answering the OP's question Planning Enforcement is the job of ..... wait for it ..... you'll be surprised ..... just a little longer ..... the local Planning Department.
Busamav said:
mk1fan said:
How can any one say that these are builder's covenants when the OP's solicitor stated (according to the OP) that they are Planning Restrictions?
I would say they are mostly developers covenants , certainly not something that planners would normally be interested in .gti tim said:
When we bought our house, the solicitor made us aware of various planning restrictions that applied - some understandable such as no business vehicles or caravans on driveways (flouted by many including me on occasion), no speedboats, no cars in state of disrepair, no carports, no raised decking, and rather bizarrely no running of businesses from the premises and no keeping of spiders, snakes or other exotic animals!
Who is likely to be able to enforce these restrictions? Anyone got any other bizarre ones on their property?
Our garden 'must be used as an ornamental garden'. Doh. There goes the go-kart track plans Who is likely to be able to enforce these restrictions? Anyone got any other bizarre ones on their property?
Go on, buy a snake. Keep it in a caravan under your carport. Rebel against society, live life on the edge.
mk1fan said:
Busamav said:
mk1fan said:
How can any one say that these are builder's covenants when the OP's solicitor stated (according to the OP) that they are Planning Restrictions?
I would say they are mostly developers covenants , certainly not something that planners would normally be interested in .I guarantee that these are covenants, not Planning restrictions. My guarantee is based on the fact that it would be illegal for the Local Authority to have imposed the majority of the restrictions he's quoting, as they fall outside of the scope of the powers contained within the Town and Country Planning Act; if they're Planning Restrictions then I will personally undertake to have them removed on his behalf by the Planning Inspectorate.
If you want to make enquiries with your local Planning Department about whether you're alowed to keep exotic pets, be prepared to be treated as a loony/halfwit.
I'll give you the pets, but business use? Only a remtard would think this couldn't fall under Planning.
My point was that everyone is saying these aren't Planning Restrictions and responding accordingly. In reality it's probably a combination of both and the OP is generalising / misunderstood what their solicitor said.
My point was that everyone is saying these aren't Planning Restrictions and responding accordingly. In reality it's probably a combination of both and the OP is generalising / misunderstood what their solicitor said.
Edited by mk1fan on Friday 8th May 17:43
mk1fan said:
...but business use? Only a remtard would think this couldn't fall under Planning.
Only a remtard would think that it needed a specific restriction. 
Planning Departments don't need to apply a Planning Condition to prevent business use of a domestic dwelling; it's implicit in the original approval. You need to apply for a Change of Use on any dwelling if you want to use it for business purposes.
gti tim said:
i wasn't particularly interested in debating the finer points of law
But you did ask who is likely to be able to enforce such restrictions....in which case whether they are Planning Conditions or Covenants is hardly a 'finer point of law', it's fundamental to the whole issue.
And as you'll have discovered by now, you can come across some pretty bizarre covenants. Basically anyone who's selling a piece of land can place whatever covenants they want on its use, and there have been some right loonies selling land over the years...
Oh, and Building Control is another matter entirely, but they're not widely known for stopping people from keeping exotic pets, either.
mk1fan said:
Busamav said:
mk1fan said:
How can any one say that these are builder's covenants when the OP's solicitor stated (according to the OP) that they are Planning Restrictions?
I would say they are mostly developers covenants , certainly not something that planners would normally be interested in .Edited by Busamav on Saturday 9th May 06:05
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