object to permitted development?

[gdawg]

What's this obsession with being overlooked?
All terraced houses are overlooked by upstairs windows, same for probably 90% of properties.
What do you intend to do in your garden?
Swingers parties?
Porn movies set?
Unauthorised cemetery?
We have 4 foot walls and the gardens look a lot bigger than they are.
Also it encourages conversation between neighbours which can only be a good thing.

Morning Johnny, a little hungover?
Just asking advice, as i have no knowledge in these matters, thank you for your contribution.

 

[johnny2007]

Morning Johnny, a little hungover?
Just asking advice, as i have no knowledge in these matters, thank you for your contribution.

Didn't go out last night, so no hungover today.
I simply put it out there that maybe your first world problems are not problems.

 

[charliegolf]

So if.. and a big if, we make contact original beneficiary and explain the situation, it them and only them who any clout to object the PD?

My Sis did exactly that, 25 ish years after the houses were built. The (long retired) builder just said, "Im not interested." He refused to engage after that.

 

[gdawg]

Didn't go out last night, so no hungover today.
I simply put it out there that maybe your first world problems are not problems.

Cheers, I'm now feel enlightened and better man for it, i cant thank you enough

 

[gdawg]

My Sis did exactly that, 25 ish years after the houses were built. The (long retired) builder just said, "Im not interested." He refused to engage after that.

Fair enough, I'll let all the neighbours know its likely to go ahead.
Thanks to everyone for there input... even Johnny

 

[jono_h]

I agree. You're on a loser. They most likely have a lawful development certificate that the work is PD. The 1948 date also applies to the changes allowing additional storeys to buildings introduced recently, but a bungalow with a dormer is thought of as a 1 1/2 storey building or chalet bungalow and my view is that a dormer doesn't fall within the "additional storey" extension to PD rights - prob why confirmation that PD extension is OK.

Now they have official PD confirmation, the council will not change their mind easily or they could be open to claims for compensation; it would have to be a very clear cut breach of PD rules taken to the ombudsman rather than any sort of subjective interpretation, and I don't believe you will be successful in challenging this.

Anything written in the title restricting development will be a covenant between whoever wrote the covenant when the house was built and the owner occupier of the building. It can only be enforced by the original beneficiary of the covenant and since this was written in 1935, highly unlikely anyone will be around to try and enforce. You as a neighbour, even if you have the same covenant in your title, have no mechanism as a 3rd party to enforce a covenant written in someone else's title.

I was told something different when I purchased my house last year. As well as the original beneficiary, the restrictive covenant benefit can pass to future owners of the property. Chances are those future owners don’t have a clue because the benefit of a restrictive covenant isn’t written into the deeds.

I was also told that my 7 neighbours that have the same restrictive covenant also all have the right to enforce it. I challenged this at the time, and it was confirmed (although I’m still sceptical), but it shows how complicated RC’s can be.

 

[mrrusty]

I was also told that my 7 neighbours that have the same restrictive covenant also all have the right to enforce it

They don't.

Restrictive covenants can only be enforced by the original creator of the covenant and possibly their successors. Just do a bit of research - every solicitors page advising on this says the same thing.

 

[Notch7]

It would, but as I posted above and is confirmed in the link....

...The only person who can enforce a covenant is the original beneficiary of the covenant or any legal successor. A 3rd party, like a neighbour, or even a local authority has no right to enforce a covenant on a title they are not directly associated with.

Ah yes, I had a feeling that was the case.

So in reality more or less useless unless you’ve moved into a new build development.

 

[robinbanks]

So if.. and a big if, we make contact original beneficiary and explain the situation, it them and only them who any clout to object the PD?

Speak to a solicitor; we can't comment on a covenant we haven't seen

Or, if it irks you so much, move house

 

[johnny2007]

Speak to a solicitor; we can't comment on a covenant we haven't seen

Or, if it irks you so much, move house

It would be the same everywhere else.
Unless he moves in a detached house with an square mile of land all around the perimeter.