I self-built a house in Lincolnshire which I finished 2 years ago. In the reserved matters there were two items saying the usual thing that one has to submit plans for landscaping, specifying plant types, layout etc. and that the landscaping had to be completed within a period of time. I submitted my plans and they were approved.
There were no TPOs or special restrictions like on a conservation area. The village and road are pretty ordinary.
When the credit crunch came I changed my mind about the landscaping and simplified it to reduce costs, the plants were not planted, I replaced the front drive surface from block to gravel and reduced the size of the front fence. Even with the changes, it is still the nicest landscaping of many houses around it and I did it in keeping with the character of the area, for instance many houses have gravel drives. My layout is the same as on the submitted plans I just changed materials and did not spend money on shrubs and the like.
I did not re-submit my landscaping because I was told that we would have to pay the fee again and there would be a wait that would delay us. Also, local people told us that the council did not bother to go around checking the landscaping and causing people trouble. None of the neighbours has complained, and believe me there are some real NIMBYs in the area.
Now the thing is I am selling the house and the buyer's solicitors are asking me if we complied with the reserved matters. I have not answered but I am going to instruct my solicitor to tell the other solicitor some of the above, as he recommends we write it. I also know that the buyers are desperate to move into their new fancy house.
I know that if we were to re-submit the landscaping plans the Council would approve them but why open a can of worms and waste money and time? What is the worst thing that can happen? Is there a limit on the things you can change before you have to re-submit your plans?
There were no TPOs or special restrictions like on a conservation area. The village and road are pretty ordinary.
When the credit crunch came I changed my mind about the landscaping and simplified it to reduce costs, the plants were not planted, I replaced the front drive surface from block to gravel and reduced the size of the front fence. Even with the changes, it is still the nicest landscaping of many houses around it and I did it in keeping with the character of the area, for instance many houses have gravel drives. My layout is the same as on the submitted plans I just changed materials and did not spend money on shrubs and the like.
I did not re-submit my landscaping because I was told that we would have to pay the fee again and there would be a wait that would delay us. Also, local people told us that the council did not bother to go around checking the landscaping and causing people trouble. None of the neighbours has complained, and believe me there are some real NIMBYs in the area.
Now the thing is I am selling the house and the buyer's solicitors are asking me if we complied with the reserved matters. I have not answered but I am going to instruct my solicitor to tell the other solicitor some of the above, as he recommends we write it. I also know that the buyers are desperate to move into their new fancy house.
I know that if we were to re-submit the landscaping plans the Council would approve them but why open a can of worms and waste money and time? What is the worst thing that can happen? Is there a limit on the things you can change before you have to re-submit your plans?
