Planning conditions translation please

[shore]

My head has been filled with fog from a neighbour who just loves to complain. The neighbour is not attached to our house but can see our house from about 30m away. I am wanting to put a woodburner twin skin flue up the outside of my house. It is being positioned where an old stench pipe used to be. The planning conditions in my deeds read as follows

The garages and access thereto must be reserved for the garaging or parking of private motor vehicles and no permanent development, whether permitted by the town and country planning general development order 1988 or not, shall be carried out on that area of land or in such a position as to preclude vehicular access to the garage hereby permitted.

The flue I wish to fit (with building regs) would be on the side of the house (where the drive is) the flue would exit the dining room just before ceiling height and then go up the side wall of our house. As there is a wide footpath between the side of the house and the edge of the drive and nobody I know is approx 9ft tall I don't see how it would cause a problem. My neighbour is focusing on the wording "area of land" as in the side of the house is near to the drive. Could someone of sound mind (preferably) please give me their opinion. Several of our neighbours have had problems in the past with this person and I really don't want the hassle of town hall officials giving me grief because I have misunderstood the wording in my deeds. Many thanks in advance.

 

[tony1851]

The wording of the condition seems to imply that no development should take place in order that vehicle access can be maintained.
If your flue pipe exits the wall 9ft up, that would hardly prevent vehicle access.
Personally, I can't see that your proposal would breach the condition.

 

[Nakajo]

Sound mind? I'm afraid you've come to the wrong place, but I can't see how vehicle access is prohibit - unless you need to get coaches, trucks, and fire engines on to the site.

 

[shore]

This is what I thought but my neighbour has a way of making you doubt yourself and can be very awkward. The guy at building regs said he could not see any problems but in light of the neighbour (well known to town hall) maybe I should apply for lawful development certificate which I think is going ott for what it is.

 

[tony1851]

This is what I thought but my neighbour has a way of making you doubt yourself and can be very awkward. The guy at building regs said he could not see any problems but in light of the neighbour (well known to town hall) maybe I should apply for lawful development certificate which I think is going ott for what it is.

1. Why doubt yourself just because of the neighbour?

2. 'Guys at Building Regs' know nothing of Planning matters.

3. LDCs are a waste of money. It's clear that the wording is intended to prevent any development which would prevent a car getting down the side; a flue pipe wouldn't.

 

[^woody^]

Your deeds are not related to planning matters, and the neighbour can't enforce conditions in your deeds unless he specifically benefits from them, and that would be stated in the deeds as a covenant.

In any case that wording in the deeds would not apply to the flue. The flues may well be 'development' in the context of planning regulations, but not development otherwise. Deeds would refer to the common dictionary meaning of development, which is the building of buildings or structures.

 

[angelboy]

Absolutely what Woody says - these restrictions in your deeds are not a matter for planning regulations, the local council or your neighbour for that matter. Restrictive covenants usually rely on one party holding the burdened land - in this case you - and another party holding the benefited land - which would be who raised the restriction. It does usually have to be associated with land and not an individual.

If the neighbour feels that you have breached a restrictive covenant then they may wish to contact the party that issued the restriction and then it's then up to the party responsible to determine whether you've breached the restriction and to act accordingly - which I would think would be no action in your case.

 

[JohnD]

does the neighbour have the right to use this drive to access his garage? Would the flue obstruct him? Is he (or the person owning the house he lives in) a person with the right to enforce this covenant?

 

[tony1851]

Hold on a minute; as it is a planning condition of - presumably - the original planning permission for the house, then the LPA can enforce it; that would be different to a restrictive covenant.

Whether or not what the OP proposes amounts to a breach of the condition is a different matter. As the condition is to ensure that vehicles can get to the garage
(presumably the LPA is hot under the collar about off-street parking?), then I can't see a flue pipe going against the condition.

 

[JohnD]

The planning conditions

good point.

 

[^woody^]

Hold on a minute; as it is a planning condition of - presumably - the original planning permission for the house, then the LPA can enforce it;

Planning conditions are not put on deeds

 

[tony1851]

Hold on a minute; as it is a planning condition of - presumably - the original planning permission for the house, then the LPA can enforce it;

Planning conditions are not put on deeds

Indeed (no pun intended!);
OP may have just seen all the house papers - which might include copies of a planning permission - and just referred to
them all as 'deeds'.

 

[shore]

Yep sorry. This is paper work from when the house was first built. It's a planning condition for the builders. It also goes on to say about the builder being responsible for planting some trees and bushes in certain areas of the estate. The drive is a side by side double driveway. One drive is mine the other belongs to another neighbour (not the one who is being awkward). Sorry for any confusion caused. I think I just needed someone with a clear head to look at what I am intending on doing. Like I said previously the neighbour does complain a lot and is well known to the town hall. And no my drive is not used to access anyone else's garage and flue wouldn't obstruct me or my neighbour. Because of the pathway being reasonably wide 1.5m and the flue pipe being 9ft high at exit point I don't think it could obstruct any sized vehicle. I think tony has summed it up "why doubt yourself because of a neighbour". Thank you to everyone who has replied to my question I am very grateful