grounds to object to Class A prior approval - new flats on detatched blocks

Joined
2 Oct 2010
Messages
123
Reaction score
4
Location
Surrey
Country
United Kingdom
Using Prior approval under Schedule 2, Part 20, Class A the landlord of the block in which my flat resides has again (3rd time round) submitted plans to put 2 floors ontop of the existing 3 and build some 8 (4 x 2 bed & 4x 1 bed) flats in total - something none of the residents either in the block or locally are in support of

As a result of the previous applications, the current points of contention are provision of waste collection & cycle storage.

Waste collection:

Having reviewed past and current documentation, the new plans (weekly collection from the existing bins stores) don't meet the stipulated minimum fortnightly waste provision - its close but is short by about 2% or 400l on 11,000 required. Nor do i believe it allows for the provision of food waste collection as there isn't the space currently for the 3 off 140l bins. Larger wheely bins could be provided, but proximity of parked cars & size of existing openings pretty much means they wouldn't get them out of the structure

I know this is a slim shot at best to prevent permission being granted, but i'd like to understand whether under these prior approval rules, the existing bin structure (a roofed single skin brick enclosure attached to a row of garages) can be structurally altered - by say adding a new opening. if that is allowable, then the two objections i can come up with (access & volume of bin storage) are moot.

Provision of cycle storage
Through a mis-interpretation of the technical specs of the two tier cycle rack system specified in the plans, the submitted plans over specifiy the number of cycle racks that will be fitted. i.e the plans state 12, but having consulted the manufacturer the max that would fit in the proposed space is 10. Are there any minum requirements for cycle storage?

Any input that can be given to help me shape my objections will be gratefully received
 
Sponsored Links
I'd focus on the lease itself. How will the new residents gain access? The current residents must have rights over the common parts and grounds? If as you say all the residents are against the idea, then get or form a residents controlled management company to collectively enfranchise the lease. Look at clauses for the quiet enjoyment of the property, obligations on the management company etc.

Collective Enfranchisement is probably the best option.
 
FWIW, I'd focus on the impact upon amenity space of the existing building, just as you are doing
 
Thanks for the comments. I've lodged objections based on the above and we'll see what happens

As a block, we have all started to talk and are planning to file for right to manage, and if the figures work out we'll file for the freehold enfranchisement too. A potential management company we could contract came to look at the property today and said we might be able to refuse to pay for the additional waste collection once we have control - which would effectively kill the build. we're also considering paying for a planning consultant (split 12 ways it's a reasonable price) to object on our behalf too.
 
Sponsored Links
How long is the lease?

Also (again check the lease) does the landlord have to give you the right of refusal on disposals? Normally they do.

This article will help you understand where to look in your lease. Planning permission is not the way to go (the planners don't give a f*** about an applicant having the rights to do the work).

https://www.kingsleynapley.co.uk/in...nal-floors-on-top-of-existing-blocks-of-flats

Do not waste your time with right to manage - collective enfranchisement is the way to go. Do this before they get planning otherwise the value will increase. Also once the extra flats are build thats more people needing to vote.
 
Last edited:

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Back
Top