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Restrictive Covenants and Planning Permission

(10 Posts)
LIZS Tue 06-Jun-06 10:54:41

Does anyone know if it is possible to be granted Planning Permission in spite of Restrictive Covenants being in place or to have had them removed without others affected by the same covenants being informed ?

amelie Tue 06-Jun-06 11:21:11

we have restrictive covenants so had to get planning permission for our loft conversion. however, due to the covenants it's free for the planning (unlike normal) and it sailed through with no hitches at all. Just speak to your planning office and see what they say before you actually get architects/surveyors in.

LIZS Tue 06-Jun-06 11:24:46

Thanks for your reply . It is actually our neighbours' application. Do the Planning Office have to do a search for such things as a matter of course do you know, or do they rely on the information being supplied by the applicant ?

fairyjay Tue 06-Jun-06 11:38:22

I think the Planning Office do look, but they are human and do miss things.

A while ago we had to point out on a drawing a detail that the Planning Officer had missed, when advising our neighbour.

When we've needed to, we've always found the Planning Office very helpful, and happy (?!!) for us to call in to see them.

LIZS Tue 06-Jun-06 12:59:30

So it is worth drawing to their attention then ?

cece Tue 06-Jun-06 13:09:09

I thought it depended on who 'owned' the covenant iyswim.

Ours is owned by a local builder and we have to get permission for any extensions. For which they charge of course

LIZS Tue 06-Jun-06 13:16:15

Seems to be between the builder (who I suspect 25 years on no longer exists) and each original purchaser, transferring to their successors.

cece Tue 06-Jun-06 13:20:35

Some people choose to build and ignor covenant and then a year or so later you can get indemnity insurance to cover you if there is a claim. Depends what the coveneant says and who owns it. They can be removed but it is very expensive apparently...

LIZS Tue 06-Jun-06 13:29:32

Thank you, that's interesting as I rather suspect that will be what is going on. Sounds like we have nothing to lose by mentioning it in our letter to the council. I would have thought it should then be a fairly clear cut decision as to whether they are allowed to develop their plot further or not.

cece Tue 06-Jun-06 13:59:06

My solictor said it owuld not be possible to get indemnity insurance if there had been any objections to the planning permissiioon.

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