Changing land covenant? UK law?
Local shop has a covenant on the land which allowed the back of the land to be used for garage / garden only. The new owners have demolished these and built a seven foot high wall with double gates and are now using it for deliveries which is really affecting the narrow street they are accessing.
Objections have been lodged with council. No planning permission has been given for wall (and work done) and we think they will apply for retrospective permission.
Any ideas of how the covenant might be affected / changed? Or if we stand any chance of 'winning' this?
Answers:
You dont need planning permission to build a wall that does not exceed 2 metres unless it abutts a highway. If you think they have breached this, you should report them to the Council's planning department immediately. Unless they receive a complaint from someone (ie you) they wont act and wont turn down a retrospective application. Checkout your council's website to find their email address and send them an email. You should also tell your council's planning department if this shop is breaching the covenants on its land. Not the complete answer I know, but it's a start.
if it had a covenant on it and they were aware of this, i suspect the chances of getting retrospective permission are pretty slim...
This is effective change of use. The only person who can remove a covenant on land is the person who put it on there originally, but each covenant if different. I would consult a solicitor and get him to draft letters to the planning committee of the council and their enforcement officials. I think on the surface it looks pretty good for you, but it won't happen overnight. It may be better to seek some sort of accomodation with him where there is a compromise and the least disruptive deliveries (i.e. very large and infrequent) and the ones that affect the rear of the premises.
If it interfears with wildlife, or an endangered species! thats the best chance!
oh or, find a foreigner that lives near to complain, their voice seems to be heard more than ours!
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: