We're looking at moving and have our eye on a house that is probably the nearest thing to what we want that will ever be in our price range. Specifically it's got a very big garden, though the house itself is an ex-council 2 bed semi that's had an extension on the back - and it has off-street parking
At the side there is plenty of room to dig our and build a garage and the large workshop I want (DIY only, not for business) - and being sloping ground I reckon I could make most of it flat roofed and put the garden back on top of it, not to mention that it would definitely be permitted development thanks to the quirks of how "ground level" is determined.
However, when I've looked on the Land Registry, I find that a good chunk of the garden is a separate plot bought from the council some time after the house. And both parts have restrictions on them.
The house and original garden have a reference to a conveyance from when it was sold under right to buy. I'd assumed tis would be the same as ours (our current house is also an ex-council house) - but it turns out that while our conveyance says :
The house we're looking at has different wording, and it says :
As for the extra bit of land, that's even more interesting. The Land Registry has this as a restriction :
It's a bit tricky given that a primary purpose of moving to to have somewhere with enough space for a workshop, and to move and then find the council won't permit it would be "a bit of a bummer" to say the least.
Anyone come across this sort of situation before ?
Anyone heard of the "at the entire discretion of the council" clauses being challenged as unreasonable given that it effectively gives them complete and utter veto over future use of a property they sold on decades ago - way beyond reasonable planning policies ?
Any other thoughts/observations ?
At the side there is plenty of room to dig our and build a garage and the large workshop I want (DIY only, not for business) - and being sloping ground I reckon I could make most of it flat roofed and put the garden back on top of it, not to mention that it would definitely be permitted development thanks to the quirks of how "ground level" is determined.
However, when I've looked on the Land Registry, I find that a good chunk of the garden is a separate plot bought from the council some time after the house. And both parts have restrictions on them.
The house and original garden have a reference to a conveyance from when it was sold under right to buy. I'd assumed tis would be the same as ours (our current house is also an ex-council house) - but it turns out that while our conveyance says :
To my reading, that means they have to have some reasonable objection in order to stop me doing something.Not without the consent of the Council first obtained (the granting of which shall not be unreasonably withheld but may subject be to reasonable conditions):-
(a) ... or erect ... outhouse shed garage hoarding fence wall or any other building structure or erection of whatsoever nature.
(b) to make or permit or allow the making of any external structural alterations to the Premises or any part thereof.
The house we're looking at has different wording, and it says :
That's a different kettle of fish, and to me means that they can refuse without having to have any grounds other than they don't want to allow it.Not without the consent of the council first obtained (the granting of which shall be at entire discretion of the council and subject to such conditions as they think fit ...
As for the extra bit of land, that's even more interesting. The Land Registry has this as a restriction :
I have queried the council about this, and got an interesting response :The Purchasers hereby covenant with the Vendor as follows:-
...
(ii) To use the said property for gardening purposes only
(iii) Not to erect any structure whatsoever in the said property without the prior written consent of the Vendor such consent to be at the discretion of the Vendor.
I am unsure regarding (iii) ..., as the council would not use the word Vendor and I am unable to locate the Transfer dated
I haven't yet asked the vendor if they have a copy of any conveyance that goes with the parcel of land. My own solicitor is certain that there will be one, and it will have clauses "passing on" any restrictions - the Land Registry entry only containing "key bits" and not the whole thing - and meaning that if I build without permission, the council can force me to pull it down.redacted, but all correspondence in the file states that the land should be used for garden purposes only and not for building purposes.
It's a bit tricky given that a primary purpose of moving to to have somewhere with enough space for a workshop, and to move and then find the council won't permit it would be "a bit of a bummer" to say the least.
Anyone come across this sort of situation before ?
Anyone heard of the "at the entire discretion of the council" clauses being challenged as unreasonable given that it effectively gives them complete and utter veto over future use of a property they sold on decades ago - way beyond reasonable planning policies ?
Any other thoughts/observations ?