Hello,
First ever post to a forum! Hoping somebody can give some advice/guidance on a planning application issue we've found ourselves in...
My mother owns the freehold for the ground floor flat in a converted house (and also the leasehold for the upper flat - I think it's called a crossover lease). The leasehold for the ground floor flat has just been purchased by a property developer looking to do the flat up and sell.
Anyway, the leaseholder of the ground floor flat (for which my mother owns the freehold) has now submitted an application for planning for a two-storey, two-apartment building in the back garden without any consultation whatsoever with my mother! The lease quite clearly states that the lessee is obliged...
...(14) Not to alter the external appearance of the Flat or to put up any new building or erection or make any structural addition or structural alteration without previous written consent of the lessor.
There are other issues around parking rights specified in the lease, which the applicant is trying to amend to allow for necessary space to build the apartments, again without consultation with my mother.
We have objected to the application stating the relevant clauses of the lease, but are concerned that there may be loopholes whereby the applicant could force the planning through?
Are the terms of the lease strong enough for planning to be refused, or can people disregard lease contracts these days and build on any back garden??!!
Any advice gratefully received... many thanks in advance - let me know if I need to provide any further info,
Richard
First ever post to a forum! Hoping somebody can give some advice/guidance on a planning application issue we've found ourselves in...
My mother owns the freehold for the ground floor flat in a converted house (and also the leasehold for the upper flat - I think it's called a crossover lease). The leasehold for the ground floor flat has just been purchased by a property developer looking to do the flat up and sell.
Anyway, the leaseholder of the ground floor flat (for which my mother owns the freehold) has now submitted an application for planning for a two-storey, two-apartment building in the back garden without any consultation whatsoever with my mother! The lease quite clearly states that the lessee is obliged...
...(14) Not to alter the external appearance of the Flat or to put up any new building or erection or make any structural addition or structural alteration without previous written consent of the lessor.
There are other issues around parking rights specified in the lease, which the applicant is trying to amend to allow for necessary space to build the apartments, again without consultation with my mother.
We have objected to the application stating the relevant clauses of the lease, but are concerned that there may be loopholes whereby the applicant could force the planning through?
Are the terms of the lease strong enough for planning to be refused, or can people disregard lease contracts these days and build on any back garden??!!
Any advice gratefully received... many thanks in advance - let me know if I need to provide any further info,
Richard