Road rules0 min ago
New development without planning or freehold permission
4 Answers
We recently got new neighbours who since moving in have built a large, single story building in their back garden for the purpose of keeping dogs in.
The building takes up roughly half their garden (50ft x 30ft) and breaks a number of planning restrictions.
We have subsequently found out that the new owners not only failed to acquire planning permission before commencing the development, but additionally, they don't even own the freehold to the property and back garden � suffice to say their freehold agreement does not permit them to erect a large building in the back garden!
We have now contacted the council planning department who are investigating the lack of planning permission, but is it also worth contacting the owners of the freehold seeing as though their agreement has also been broken?
I must mention that whilst our property overlooks their back garden, we have an entirely different freehold arrangement � and as such have no reason to contact the freeholder other than in the guise of a concerned neighbour.
Is this likely to help out in anyway, or would we be wasting our time contacting the freeholder directly?
The building takes up roughly half their garden (50ft x 30ft) and breaks a number of planning restrictions.
We have subsequently found out that the new owners not only failed to acquire planning permission before commencing the development, but additionally, they don't even own the freehold to the property and back garden � suffice to say their freehold agreement does not permit them to erect a large building in the back garden!
We have now contacted the council planning department who are investigating the lack of planning permission, but is it also worth contacting the owners of the freehold seeing as though their agreement has also been broken?
I must mention that whilst our property overlooks their back garden, we have an entirely different freehold arrangement � and as such have no reason to contact the freeholder other than in the guise of a concerned neighbour.
Is this likely to help out in anyway, or would we be wasting our time contacting the freeholder directly?
Answers
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From the information given they do not need planning permission as it falls within 'permitted development' unless the property is listed or within a conservation area.
If it is not permitted development the council can still grant permission retrospectively.
The freeholder may wish to enforce the covenant, but of course he doesn't have to. It may be worth contacting him.
If it is not permitted development the council can still grant permission retrospectively.
The freeholder may wish to enforce the covenant, but of course he doesn't have to. It may be worth contacting him.
Unless he has a remarkably large front garden then he does need PP - as one of the restrictions under PDR is that more than 50% of the original land around the house (as originally built) shall not be covered by buildings.
Which in this case, appears he has breached.
Rest of answer - agree with Ethel.
Which in this case, appears he has breached.
Rest of answer - agree with Ethel.
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