Planning been granted on second attempt but the measurements on the application are wrong

(3 Posts)
SleepFreeZone Mon 29-Aug-16 10:20:33

Apparently the council planning office don't check and have granted the application anyway with no ability to change their mind.

I've accepted it's going to happen but I feel quite 🤔 about it. The plot dimensions are far smaller than stated meaning the room they have drawn around the new house doesn't exist. They have allocated four parking spaces for two houses in a block ie a square cut into four meaning that a car would need to reverse to release the car in front each time. There is a small area for turning to allow the cars to be forward facing when they exit onto the (busy road) but looking at the plans it doesn't look feasible for that to actually work or more likely one of the houses will just use that area as a parking space.

In addition this new house along with the existing house will all share a driveway with my MIL's house which has a restrictive covenant written within the deeds. I assume the new house will need permission from my MIL to have that written into its deeds too, ie instead of no.s 124 and 126 having shared access and cannot obstruct it will need to be updated to 124, 125 and 126? Will a solicitor contact my MIL to ask permission or will it just happen?

We can foresee a parking free for all with cars reversing up her driveway regularly or possibly obstructing her driveway but the council says it's a civil matter and nothing to do with them.

Any advice would be amazing.

ChunkyHare Mon 29-Aug-16 14:48:00

I can't give any specific advice but just because planning permission is granted it doesn't mean that the building can actually go ahead.

For example when plans have been drawn incorrectly that mean the new building will be half way into someone else's garden it doesn't mean that person loses half their garden to a neighbour.

Did your MIL not object to the planning application based on the drive issue etc? Is it your MIL's neighbour who has the land at the side of them who has submitted the planning application?

In your MIL's instance, I would see a solicitor with regard to the covenant about access to her drive. Could she gate it to block anyone other than the existing houses using her drive as a turn around? It would all depend on how the restriction is written as to whether she can gate it.

SleepFreeZone Tue 30-Aug-16 01:23:14

Hi Chunky. I appreciate your reply flowers

Objections were raised absolutely initially the plans were for a three bed house, these plans were turned down and plans for a two bed house submitted instead. Same objections raised and this time the council has granted permission.

From what we can see some of the paperwork has been filled out incorrectly. The new owner has claimed they own the whole plot whereas actually the driveway is shared with my MIL's house. The way it's set out she wouldn't be able to add a gate unfortunately. My DP is going to raise a complaint but we know it's futile. From the report they seem to claim it comes under a social housing code now which I assume has allowed it to be pushed through. Still didn't make the plot any bigger though!!

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