House Boundary

DVardysShadow

I think that you should WRITE to the management company and state your intention to proceed within 6 weeks unless they provide a written justification as to why you may not. As you are the freeholder here, your position by default trumps the freeholder, unless as mishkanorman says, there are covenants in the deeds

FilthyLuka

Are you a newish build property (say up to 10/15 years)?


If so Planning permission may require the parking space to remain as a parking space

You may also need planning permission as the shed is within 2m of the boundary (unless its a parking bay for a bendy bus?)

aandrea

DVardysShadow wrote: »

I think that you should WRITE to the management company and state your intention to proceed within 6 weeks unless they provide a written justification as to why you may not. As you are the freeholder here, your position by default trumps the freeholder, unless as mishkanorman says, there are covenants in the deeds

There is no mention of changing parking bays, only about if want to build extension on back of house not allowed to before 5 years.
Also we have nothing in writting stating that clauses apply to freeholders,(not that we have any letters about clauses )

aandrea

FilthyLuka wrote: »

Are you a newish build property (say up to 10/15 years)?


If so Planning permission may require the parking space to remain as a parking space

You may also need planning permission as the shed is within 2m of the boundary (unless its a parking bay for a bendy bus?)

Property is 6 years old. this rate makes this shed well expensive one

glasgowdan

Try putting up a small 4*8 shed or something, see how that goes and if you get any hassle. After 12 months replace it with a proper size shed!

DVardysShadow

aandrea wrote: »

DVardysShadow wrote: »

I think that you should WRITE to the management company and state your intention to proceed within 6 weeks unless they provide a written justification as to why you may not. As you are the freeholder here, your position by default trumps the freeholder, unless as mishkanorman says, there are covenants in the deeds

There is no mention of changing parking bays, only about if want to build extension on back of house not allowed to before 5 years.
Also we have nothing in writting stating that clauses apply to freeholders,(not that we have any letters about clauses )

I still think you should write to them and get them to state their case. Either they are wrong or they have a point which you have missed. If you don't put them to the test of stating their case first, it could become a whole lot harder for you to deal with it after the shed goes up.

planning_officer

You say earlier in this thread that the parking bay is right next to your garden - that implies the parking spaces are not actually within your residential curtilage (that has nothing to do with ownership). If that's the case, any shed outside your residential curtilage requires planning permission, as permitted development rights only exist for certain sizes of outbuildings within the residential curtilage.

The_Pedant

implies the parking spaces are not actually within your residential curtilage

By the sounds of it though, each property has these bays and I'm assuming that in each case they exist within each plot of land. As the bays therefore serve each house (in the same manner a driveway would), then why would they be considered to be outside of the domestic curtilage? (I'm just trying to get a better picture of such situations).

It doesn't sound like it's been an extra piece of land that's been tacked onto the original plot etc, so would a parking bay inside the plot really be considered outside the domestic curtilage?

aandrea

planning_officer wrote: »

You say earlier in this thread that the parking bay is right next to your garden - that implies the parking spaces are not actually within your residential curtilage (that has nothing to do with ownership). If that's the case, any shed outside your residential curtilage requires planning permission, as permitted development rights only exist for certain sizes of outbuildings within the residential curtilage.

So even though,on our deeds, where we want to put shed is within our boundary, cos part of it is a car parking bay, we have to get permission? Would we have the same problem then, if we extend the fencing around our boundary?as its an L shaped garden. We were told that the house comes with 2 bays,and told we can put something into our bays as long as we can dismantle onleaving.

Norman_Castle

This is a condition of the original planning application for the property where I live,

“Adequate facilities for the parking of vehicles calling at or used by
occupiers of the buildings are to be provided within the curtilage of
the buildings to the satisfaction of the Local Planning Authority and
the area so provided shall not be used for any other purpose.”

You need your management team to explain exactly why they have told you cannot put a shed in this space.