Hi,
I have this situation about our conservatory. We have started to build a conservatory after confirmed with our builder that planning permission was not required in our area if it is build within the permitted size. However, after the building work started and the roof is up, local planning officers visited us to inform that they had removed permitted development right from our property when the initial planning permission was granted to the developer. Our property is quite a new built, initially a land was bought by the developer in 1996. From the chain of documents we obtained from previous owner, we can see that the deed was drawn in 1996 when the previous owner bought the property. The deed says specifically we "can" build a convervatory up to 10 ft high. However, local planning officers say the deed is only a civil thing and it is not reflecting the ristrictions imposed by local authority. In the past local authority search didn't find this restriction and the paper the planning officers presented to us has only a hand scribble for this removal. They also showed us the initial planning permission given to the developer in 1996, which indeed says the removal of permitted development right. However, this was not passed onto the deed written in the same year, which was authorized by Land Register.
We are currently applying for retrospective planning permission (conservatory is not finished), but I would like to know what the rules are for this situation. It appears we inherited restrictive covenant indemnity insurance from the previous owner - will it cover the cost of appeal if the planning application was refused?
I have this situation about our conservatory. We have started to build a conservatory after confirmed with our builder that planning permission was not required in our area if it is build within the permitted size. However, after the building work started and the roof is up, local planning officers visited us to inform that they had removed permitted development right from our property when the initial planning permission was granted to the developer. Our property is quite a new built, initially a land was bought by the developer in 1996. From the chain of documents we obtained from previous owner, we can see that the deed was drawn in 1996 when the previous owner bought the property. The deed says specifically we "can" build a convervatory up to 10 ft high. However, local planning officers say the deed is only a civil thing and it is not reflecting the ristrictions imposed by local authority. In the past local authority search didn't find this restriction and the paper the planning officers presented to us has only a hand scribble for this removal. They also showed us the initial planning permission given to the developer in 1996, which indeed says the removal of permitted development right. However, this was not passed onto the deed written in the same year, which was authorized by Land Register.
We are currently applying for retrospective planning permission (conservatory is not finished), but I would like to know what the rules are for this situation. It appears we inherited restrictive covenant indemnity insurance from the previous owner - will it cover the cost of appeal if the planning application was refused?
Comment