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Any planners etc. able to answer a question about covenants & pp?

(13 Posts)
LunaticFringe Sat 02-Jun-12 20:57:14

Message withdrawn at poster's request.

fuckarama Sat 02-Jun-12 21:07:41

Who was the person who put the covenant on?

Was it put on by the person who sold you the property?

Or was it a condition of the planning?

kernowmissvyghen Sat 02-Jun-12 21:09:51

Afraid covenants and planning permission are entirely separate things- you'd be better off speaking to a solicitor about the covenant, not the local planning authority.

LunaticFringe Sat 02-Jun-12 21:10:18

Message withdrawn at poster's request.

fuckarama Sat 02-Jun-12 21:11:50

If it's a convenant you need a solicitor.

If it's a condition of the planning you need to ring and speak to your local council planning dept.

I haven't time to post properly now but I will tomorrow smile

MissMarjoribanks Sun 03-Jun-12 13:44:57

Lunatic can you scan the original planning permission and email it to me? I will PM you my email address. I will be able to see exactly what is needed then.

The planning condition might be carried through into your deeds, in which case you will need to apply to remove a covenant. Getting the planning condition removed may be one of the ways you can do this automatically though.

The fee for removal / variation of condition is £170.

LunaticFringe Sun 03-Jun-12 20:38:47

Message withdrawn at poster's request.

MissMarjoribanks Sun 03-Jun-12 21:19:35

No probs Lunatic, I will have a look tomorrow night for you.

LunaticFringe Mon 04-Jun-12 11:53:00

Message withdrawn at poster's request.

YesMaam Mon 04-Jun-12 13:59:17

Yes, as others have said you need to apply for variation of a planning condition.

We had to do this as our condition specified that we could not convert garages to habitable space.

You could draw up a covering letter and ask that they waive the fee £170 as the planning condition has put you in a worse position than developments without such a condition, namely you could have done this development without this application but for the condition.

My agent did the same for us and the local planning authority waived the fee!

redwinnie Tue 16-Oct-12 08:57:56

Hi

I hope you don't mind me bringing this topic up again.

How did you get on with it?

We have a very similar problem, although we have already changed our wooden windows to upvc (and just like you so has everyone else on the street).

The issue is now we are trying to sell the house and buyer cannot get a mortgage because we are against the covenant. The case handler (ie not a full solicitor) contacted the builder on our behalf and they refused to issue an update despite admitting that a 21 year covenant is out of date and upvc would be allowed now, they just won't put it into writing.

We are now going through the process of getting quotes to change one year old windows, which we really don't want to have to do.

mollythewitch Tue 16-Oct-12 22:00:41

Hi red, ask your solicitor if this sort of thing can be covered by an indemnity insurance. I'm sure our neighbours had to get one of these when they sold because they had a shed & greenhouse and there was a covenent about no buildings to be constructed, even temporary ones (conservation area). I don't recall it being a big deal, or costly.

redwinnie Wed 17-Oct-12 08:53:33

Sorry I should have mentioned. Because the solicitor has already raised the issue with the builder we can no longer get insurance because "the builder knows, so there is a higher risk so know one will insure us".

It may also be obvious but the initial letter from the solicitor never mentioned there was an option of insurance it just recommended we went straight to the builder.

We now know there is an option of insurance, so are trying to find out why it was not in the initial letter as an option.

PS - We have since had a quote for getting window changed £7500!! That is so high because they are wood, the existing year old upvc ones were £1700.

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