changing front lawn to part gravel-not getting a straight answer

the_shreksta

G_M wrote: »

The only word of caution I'd add o the excellent comments so far is that ou have not quoted the restrictive covenants for us.

so we are responding to the interpretation you have put on the covenants, and the very limited information provided.

If you want a serious, (definitive? this is an internet forum!) answer, then quote the full covenant.

ok here goes......

RESTRICTIVE COVENANTS BY THE TRANSFEREE

-not to permit any goods materials or refuse not normally found on residential premises to be kept upon the property

-not to erect any building other than one private dwelling-house with the usual out-offices on the property

-not to carry on or permit to be carried on at the property any whole-sale or trade business or manufacturing business

-not to display or permit to be displayed any advertisement on the property other than a for sale sign for the property

-not to excavate sand and gravel except to lay the foundations of any house/outbuilding

-not to erect or permit to be erected any pole pylon or other structure for the support of telephone or other cables

-not to plant poplars or other quick or vigorous growing trees within a distance of 6 feet from the boundaries of the property

-not to keep or place or permit to be kept or placed any building or erection on the property in front of the building line

-not to keep or place or to erect on the property any extension without written consent of the transferor

-not to keep or place any soil or other substance upon the cover of any manhole and not to erect or permit to be erected any structure over any manhole

-not to use the property for any purpose which may be or grow to be a nuisance or annoyance to the transferor or any neighbouring property

-not to have more than one family residing at the property

-no animals or birds other than usual domestic animals or caged birds shall be kept at the property

-not to bring onto the property any boat/caravan/commercial vehicle not normally found on a residential property unless it can be contained within the garage

-not to do or allow to be done any act on or about the property which may result in loss or damage to or may amount to interference with the services or conductiing media laid under the property

-not to grant any 3rd party any rights of easements over the property

-not to use any garage for any other purpose other than a private garage for the purposes of parking or thing of a like nature

-not to do or neglect to do any act or thing which may constitute a breach of the conditions attached to the planning approval relating to the property

-not to paint,white-wash,colour-wash or render any part of the exterior of any dwelling-house or garage for a period of 5 years

-not to damage injure lop or fell any tree planted by the transferor

-not to use the property for the sale of wine,beers,spirits or other intoxicants whether consumption be on or off the premises

-not to erect any satellite dish larger than 600mm on any part of the property nor to erect or permit to be erected any ground motorised satellite dishes

-not to serve a petition on the highway authority of leicestershire county council under section 37 of the highways act

PERSONAL COVENANTS BY THE TRANSFEREE
THE TRANSFEREE COVENANTS WITH THE TRANSFEROR AS FOLLOWS

-to maintain to the satisfaction of the transferor boundaries on those sides marked with a T

-to cultivate all undeveloped parts of the property as a garden in accordance with the rules of good husbandary

-to maintain all trees or to replace all tress if necessary any trees and shrubs planted in accordance with a planting scheme

-on demand to pay the transferor a proportion of the cost of keeping such storm and foul drains and sewers manholes public service pipes and wires laid as are not adopted or intended to be adopted by the relevant authority in good repair and condition

-the transferee will if requested by the transferor enter into any necessary deed of grant or variation in respect of easements relating to the services, each party to the transaction shall bear their own costs in connection with

-the transferee covenants with the transferor that the transferee will comply with all covenants referred to in the charges register of the above title or mentioned or referred to in the conveyance to the transferor so far as such covenants relate to the property and are still subsisting and capable of taking effect and will indemnify the transferor from and against all actions claims and costs and demands arising out of any breach

-following registration of the property at the land registry if the transferor is notified that the plan does not accord with the boundaries as erected on the ground then the transferee hereby agrees to enter into a transfer deed in order that any additional land which has been transferred to the transferee is transferred back to the transferor

and thats the lot guys,no mention of the front lawn being kept green

the_shreksta

lincroft1710 wrote: »

A long established firm of Leicester based builders and developers who have built many, many estates in East Midlands towns and villages. From some directions, often the first view you get of these towns and villages is a Jelson estate.

correct,the estate that i have bought into is an extension of another estate all built by jelsons many many years ago

Bing2007

If they really really wanted to stop you they could use this one "to cultivate all undeveloped parts of the property as a garden in accordance with the rules of good husbandary", as placing weed matting and gravel for a parking space is not cultivation as a garden. That would be arguable but vindictive and would probably not stand up in the end.

getmore4less

Bing2007 wrote: »

If they really really wanted to stop you they could use this one "to cultivate all undeveloped parts of the property as a garden in accordance with the rules of good husbandary", as placing weed matting and gravel for a parking space is not cultivation as a garden. That would be arguable but vindictive and would probably not stand up in the end.

Fairly easy to sort out by using soil and grow stuff in the retention grids/matting.

For occasional parking a mix of gravel where the wheels will stop and grass/plants can work well and look good.

EachPenny

Actually the one you need to investigate is this one - "not to do or neglect to do any act or thing which may constitute a breach of the conditions attached to the planning approval relating to the property".

The "not needing planning consent for a permeable driveway" actually means that under permitted development rights it is possible to construct a driveway which is permeable (and meets the specific requirements) without applying for planning consent. It is still 'development' and is still covered by planning law.

The problem you might have is not everybody has permitted development rights for their property. Planning authorities can remove PD rights for an area (an Article 4 direction), or for a specific property as part of granting planning consent for development.

It is common for new-build development to be given consent, but with no (or limited) permitted development rights attached. Permitted development is not a universal right.

The council can also attach conditions on the consent which would prevent you from constructing a driveway, even if it would normally be considered to be permitted development - so another reason to check the consent.

Whether or not this applies in your case can only be worked out by looking at the original planning consent (and any amendments), or by contacting the council and asking them.

the_shreksta

EachPenny wrote: »

Actually the one you need to investigate is this one - "not to do or neglect to do any act or thing which may constitute a breach of the conditions attached to the planning approval relating to the property".

The "not needing planning consent for a permeable driveway" actually means that under permitted development rights it is possible to construct a driveway which is permeable (and meets the specific requirements) without applying for planning consent. It is still 'development' and is still covered by planning law.

The problem you might have is not everybody has permitted development rights for their property. Planning authorities can remove PD rights for an area (an Article 4 direction), or for a specific property as part of granting planning consent for development.

It is common for new-build development to be given consent, but with no (or limited) permitted development rights attached. Permitted development is not a universal right.

The council can also attach conditions on the consent which would prevent you from constructing a driveway, even if it would normally be considered to be permitted development - so another reason to check the consent.

Whether or not this applies in your case can only be worked out by looking at the original planning consent (and any amendments), or by contacting the council and asking them.

i will see the site manager this week and also ring the council to see what they say

teddysmum

The gravel restrictor mentioned above would stop a general drift of the gravel, but would it stop a car carrying gravel on its tyres ?


Someone near us has a tarmac drive but has put a gravel parking patch across the front lawn and at an angle to the drive. There is always gravel on the pavement and this could annoy neighbours ,if they find that their children are carrying pavement gravel into their homes, after it is picked up by the grooves under footwear .

cjmillsnun

Stupid thought. Is this a leasehold or freehold property?

the_shreksta

cjmillsnun wrote: »

Stupid thought. Is this a leasehold or freehold property?

freehold/full title buddy

Riggyman

Just do it!!!!