>They said in their appeal statement: “It (title deeds) does not state the land in question must be used as an open space.
“When purchasing the property we were not given a development plan detailing which areas of land were classed as open space throughout the development.
Total layman when it comes to planning, but how can a restriction on privately owned land not be in the title deeds and still enforceable (unless such restrictions are due to legislation, which doesn’t seem to be the case here).
It doesn’t seem very clear if they asked for planning permission.
In my experience, when I worked with an architect, ALWAYS get planning permission. Even if you’re doing a 1 foot kitchen extension into your own garden.
If they had planning permission then they could tell the council to suck it as they had legal permission, it can’t be revoked. It’s a cost but it’s relatively inexpensive compared to the amount of work that will normally get done.
Most of the time you can get away with it. For example I have a few neighbours near me who have essentially extended their house to the bottom of their garden. Until someone in the council physically inspects that building due to a complaint or a survey they probably won’t notice. I can guarantee that it’s going to be against planning permission though.
Ooh, did somebody think they could get away with not applying for planning permission to build a ten thousand quid shed and got found out?
I’m sure I can dig out the electron microscope to find my violin.
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>They said in their appeal statement: “It (title deeds) does not state the land in question must be used as an open space.
“When purchasing the property we were not given a development plan detailing which areas of land were classed as open space throughout the development.
Total layman when it comes to planning, but how can a restriction on privately owned land not be in the title deeds and still enforceable (unless such restrictions are due to legislation, which doesn’t seem to be the case here).
It doesn’t seem very clear if they asked for planning permission.
In my experience, when I worked with an architect, ALWAYS get planning permission. Even if you’re doing a 1 foot kitchen extension into your own garden.
If they had planning permission then they could tell the council to suck it as they had legal permission, it can’t be revoked. It’s a cost but it’s relatively inexpensive compared to the amount of work that will normally get done.
Most of the time you can get away with it. For example I have a few neighbours near me who have essentially extended their house to the bottom of their garden. Until someone in the council physically inspects that building due to a complaint or a survey they probably won’t notice. I can guarantee that it’s going to be against planning permission though.
Ooh, did somebody think they could get away with not applying for planning permission to build a ten thousand quid shed and got found out?
I’m sure I can dig out the electron microscope to find my violin.