Can planning be withdrawn due to covenant?

[DibbleDooDah]

We bought a house last year with a fabulous view - the sort that you pay ££££s for.

We bought the property through probate and the old owner used to own the land on which the neighbours built their house. There was a covenant built in at the time that land was sold which restricted extensions on one side of their property so as to protect the view. The neighbours then sold about 10 years ago to new people who caused numerous arguments with the old owner of my house about how they wanted to extend but she said they couldn’t because of the covenant.

After she died the neighbours rather craftily put in a planning application timed so that it wouldn’t come up in our solicitor searches and also by the time we found out about it, it had been granted. The works will totally block our view, but actually really enhance their house and I have no issues with it other than our view.

Any idea if we can object to the planning after it has been granted because of this covenant?

I know that a loss of view isn’t grounds for objecting to planning by itself but with the covenant, could the permission be withdrawn?

Planning and covenants are usually two separate things. You need a solicitor to enforce the covenant, quickly too to prevent the build from starting.

Yes they are completely separate.

If there is a valid covenant, and you are in position and willing to legally enforce that covenant, I think that's all that matters, regardless of any planning permission that has been granted.

Planning permission is very rarely withdrawn once granted, but there are other routes for enforcing covenants. You need legal advice.

PP is very rarely revoked, and the existence of a covenant will not cause a revocation.

However, in theory a covenant can still be enforced to prevent the PP being implemented.

The question will be who can enforce the covenant. It may be that the original owner of the land who placed the covenant is the only person that could have enforced it.

You will need to get a solicitor to have a look at the covenant to see if you are in a position to enforce it. If you are, it won't be cheap.

Thanks all. This was my understanding too. It’s just highly frustrating that the neighbours have been so crafty regarding timings. We would have thought twice about buying the place if we knew the view would disappear. It’s not the end of the world in the grand scale of things but I’m not sure I have the time, money or willingness to start neighbour wars.

I really feel for you. We picked our old house because of the privacy and tranquility. And then one day the neighbour behind us put in plans to build three houses on his land to the side which had floor to ceiling windows that overlooked our garden. I know there is no legal right to a view but you do take it into account when you buy. And estate agents certainly use a view to encourage sales!

Definitely need some legal advice on this one. If there is a covenant in place than that could prevent the extension going ahead, regardless of whether planning has been granted.

I'm almost certain covenants in a title run with the land . Ie, they may have permission from the council, but they are restricted from actually building, should it be enforced.

Don't hesitate. Get back onto your solicitor asap!

They will be aware of this covenant but will be hoping you don't notice.

Thing is, if that covenant was put in, the land will have been sold cheaper because of it, and your house will be worth more because of it (the view). The opposite of course if it is built on ! I would be surprised if they hadn't been made aware of the covenants by the conveyacer when they bought the place - I was on my place.

At the minimum I would get a solicitor to look at it, even though it may cost an hour or so of their time.

Bottom line is, if they really don't have a right to extend due to covenants then they are being CFs.

I don't know whether something like this would be covered by legal insurance. I would definitely want the solicitors to have a look at it.

If they came round and asked you for 10s of thousands of pounds would you say yes, because you don't want a neighbour war? That's what you're basically doing if you don't enforce the covenant - allowing them to increase the value of their land at the expense of your own.

My solicitor already did some digging. It would appear that the covenant is from the 1970s and not even from the previous owner. There’s no electronic copy of it and if a paper copy exists then it’s going to be near on impossible to get access to it. Even if my solicitor were to request it, the property is held in Trust and in the name of an offshore limited company, so legal costs are likely to be extremely high and she has said it’s almost certainly not worth pursuing.

She confirms that the covenant transfers with the land so we could enforce it……. IF we have the original paperwork to prove that the covenant exists. I have a box of paperwork to go through but it’s all from the previous owner not the one before that so I doubt it’s in there.

So yes, neighbours are very CFs who knew exactly what they were doing.

What has your solicitor checked? Just your deeds or the neighbours?

It's the covenant referred to in the official copy of the deeds from land registry? Not the downloadable register entry but the official copy?

Our deeds don’t say anything about it.

The official copy of their deeds also didn’t say anything.

There is a note on some old conveyancing records to do with our house that refer to it in vague terms but it appears to be in a separate document. So we have proof that it existed in some form but not the actual document or exact wording. It was discussed with our solicitor at the time but it was decided it was unlikely to ever impact us because of the ridiculously complex planning in the area - it’s an AONB and conservation area plus covered by a very prohibitive neighbourhood plan. There’s no way new houses could have been built in the garden for example.

The detail (and info on the long running feud) came from another neighbour after we had moved in.

My solicitor believes that the neighbours solicitors will say that their copy is also “lost” and deny all knowledge. I guess we should have tried to dig around more. Buyer beware!!!

I would add though, that we adore where our house is and the view is only from one bedroom which we use as an office. Imagine it’s like a sort of crows nest but not so high. We just had a “wow” moment when we walked in there the first time and it’s a bit depressing we will lose it. I guess I can just cross my fingers that planning expires before they start works and I can object then (and use the covenant info to add some sway).

Even if you had the actual covenant it would not impact the outcome of a future planning application. Applications can only be determined with reference to the policies in force at the time and other material considerations. Covenants are enforced under other legislation and are not material in planning terms.

Check land registry and the neighbours. Our title was impossible to read but the neighbours ones had been typed out so we could read the covenants.