restrictive covenants on buissness at home

[mcrob]

Hi I let me fill you in on whats going on,

I've been planning for at least 6 months on setting up an online aquarium shop which sells corals and fish ect.
It'll be in my garage and i need some planning permmisiion for that but....

Checked the deeds on the house and it says i can't run a business from home:


"private residence with the usual outbuildings and not to use the property for any trade or business save that nothing in this clause shall prevent the Transferee and other members of the transferees household from working at the property PROVIDED THAT such work does not include visits to or deliveries from the property and does not adversely affect the amenity of the residential use of the estate"



the thing is it's an online business and no one will be coming to the house at all (customers, deliveries), so i'm kind of running the business from the internet but just stocking the items at home.

I've done a bit of reading and I've heard that as long as people aren't coming to the premises then it shouldn't be a problem.
Some of you may be thinking just do it it'll be fine but seeing as i need to get planning permission for the garage i'm guessing it'll go tits up.

when we bought the house the developer had gone bust, i think there was a successor? but not sure?(if there was no successor then all the covenants are void)

there is this bit the deeds which maybe thinks there wasn't a successor and no covenants were transferred?
there's tick boxes and it says:

the transferor transfers with

[] full title guarantee
[] limited title guarantee

the property is transferred without any title guarantee or other
covenant for title.

the check boxes were left unchecked and it had that "the property is transferred without any title guarantee or other covenant for title."

So guys i'm new to all this sorry if some of my questions seem a bit stupid. any advice help would be much appreciated. thx

 

[DevilDamo]

I personally think you'll be fine. I have a feeling it'll be something planning will bring up when they come to look into the history for the site and... if you want... it may be best to seek advice from a solicitor as it's more of a legal situation than planning, as you mentioned the covenants were not transferred, etc... You may be able to argue with the planning department that the convenant was there, but is not valid. However, I would image they would like something in writing to that effect, which could only "really" come from a solicitor/agent.

 

[mcrob]

is there anyone that knows about this stuff?

 

[spongobongo]

A restrictive covenant is not a planning issue. You're not obliged to divulge the restrictive covenant either. Your planning application must be assessed on its own merits, using the relevant policies in your council's adopted local plan.

If the Council does know about the covenant, it may well feel obliged to point out its existence to you, but it cannot refuse permission on the basis that the covenant is there.

I've had similar situations where planning permission for extensions have been granted even though there was a restrictive covenant on the land preventing any extensions. Once you've got planning permission, you need to find out who imposed the covenant and why they imposed it. Only then will you know if the covenant can be lifted or (if there's no one to enforce the terms of the covenant) whether it can be ignored.

 

[mcrob]

thanks spongobongo, i might just go ahead with the planning permission it's a change of use one for the garage, no structural work to be done, how long do you think it will take.

 

[DevilDamo]

It may be wise to make sure there's no existing condition attached to the garage that prevents the change of use from the garage to habitable space, which would mean you would need to submit a full planning application as opposed to a householder. You would also have to prove off-street parking is available following the removal of the garage space.

 

[mointainwalker]

You write:

the thing is it's an online business and no one will be coming to the house at all (customers, deliveries),

but just stocking the items at home

So if you are stocking at home, but don't get any deliveries, how does the stock get there ?

 

[DevilDamo]

He or she may collect it?

 

[DevilDamo]

As for your other thread...

//www.diynot.com/forums/viewtopic.php?t=231015

I've been told i need planning permission to convert my garage into a business room (change of use) they said it won't cost anything though because the reason for the planning permission is because there was a covenant saying the garage had to be used for vehicles.

Ok I'm confused. You have been told you do need planning permission, but you have also been told there is no fee? It's either one or the other. If you need permission, a fee will be applicable. If you don't need permission, no fee will be applicable... unless you apply for a Certificate of Lawfulness.

Or am I missing something?

there will be no structural work done but i probibly have to put a stud wall up so i'm definately going to need planning regs

Planning permission and building regs are two different things. You will either need both or just building regulation approval.

how long will the planning permission take, it's just a small matter?
do i have to subbmitt drawings too? how does this work?

Once your application has been submitted, received and validated, it can take up to eight weeks for a decision to be made. If longer is required, you will be notified and/or you can appeal against it. However, this "very" rarely happens unless the design is very complexed, which in this case... it is not.

If you need planning permission/building regulations then yes... you will need to submit drawings. If you need planning permission/building regulation approval, then they will require as existing and as proposed plans and elevations. If you decide to go down the Building Notice route (for the Building Regulations), then you don't "need to" provide fully detailed and spec'd drawings. Usually as existing and as proposed drawings will suffice.

Read more about it on the planning portal...

http://www.planningportal.gov.uk/england/public/buildingwork/projects/workcommongarageconversion/