Restrictive Covenants - House to Nursery

UserName__1

Hi all, I am new to the forums so please forgive any errors I might make. So I am looking to buy a property with the intention of changing it to or using it as a nursery. I have just had a copy of the restrictions sent to me and the it states:

"that he would not use the said land or any building then or thereto be erected thron for any noxious and noisome business pursuit". Do you think changing its use might pose a problem? There is a dental practice and surgery on the same street. There is also a church 3 houses to the left of the property. I look forward to hearing your thoughts. TIA

elsien

How old is the covenant? Parent bought an old house which said a business could not be run from the premises and converted it to a nursery. Too old to track down who could enforce the covenant, council had already turned a similar property into a drop in centre, so she took out indemnity insurance but it was never challenged.
(Also said she couidn't take a horse and carriage down the drive, but that was never going to be an issue. . )

The houses in my area have similar covenants to yours, but again, dating back to 1900 ish, and one is now a hairdresser.

G_M

Is this a very old covenant? Perhaps to stop people keeping pigs or making charcoal etc.....


I doubt a nursery would constitute a "noxious and noisome business pursuit".

Despite the fact that small kids do produce both, it would I imagine be limited to internally.


Having said that, if the noise of 20 odd small children screaming could be heard by neighbours and they complained, that might become a problem.


Is the property detached? Semi? Terrace? Is it soundproofed? Is it isolated or surounded by close neighbours?

NeilCr

G_M wrote: »

Is this a very old covenant? Perhaps to stop people keeping pigs or making charcoal etc.....


I doubt a nursery would constitute a "noxious and noisome business pursuit".

Despite the fact that small kids do produce both, it would I imagine be limited to internally.


Having said that, if the noise of 20 odd small children screaming could be heard by neighbours and they complained, that might become a problem.


Is the property detached? Semi? Terrace? Is it soundproofed? Is it isolated or surounded by close neighbours?

While realising this is probably different as I am on a newish estate we had someone who started running a child minding service against the covenants

The main problem wasn't the noise of the kids - it was the selfish parking by the parents dropping off, picking up and visiting the kids

I've got to say I walk by a nursery on my way to the gym and at break times it's pretty noisy

Ithaca

G_M wrote: »

Having said that, if the noise of 20 odd small children screaming could be heard by neighbours and they complained, that might become a problem.

There's also the impact of parents picking-up / dropping-off - even if the children are mostly quiet during the day, having 20 cars turning up each morning and afternoon may not endear OP to their neighbours depending on the width of their street.

(edit: I see NeilCR beat me to it!)

edgex

Have you spoken to the council planning department as to their view on a change of use?

Mojisola

G_M wrote: »

I doubt a nursery would constitute a "noxious and noisome business pursuit".

Despite the fact that small kids do produce both, it would I imagine be limited to internally.

Having said that, if the noise of 20 odd small children screaming could be heard by neighbours and they complained, that might become a problem.

NeilCr wrote: »

While realising this is probably different as I am on a newish estate we had someone who started running a child minding service against the covenants

The main problem wasn't the noise of the kids - it was the selfish parking by the parents dropping off, picking up and visiting the kids

Someone wanted to buy a property close to us and applied for change of use to a nursery.

The application was refused because of the noise from outdoor playing in an otherwise residential area and the traffic problems with parents dropping off and collecting children.

UserName__1

The property dates back to the 1940s. The EA said something about it being built around 1920 but I do not have evidence to prove it, thanks for this!

UserName__1

It is a semi, not sure it is sound proofed - would gladly sound proof if I it will aid change of use application. No it is not isolated, it is on a busy road and 3rd building on the right is a large church... Thoughts please? Thank you

UserName__1

Many thanks for this. The drive is big enough for 6 cars, it is off a busy road and the neighbours on the opposite side are an army reserve base...?

UserName__1

G_M wrote: »

Is this a very old covenant? Perhaps to stop people keeping pigs or making charcoal etc.....


I doubt a nursery would constitute a "noxious and noisome business pursuit".

Despite the fact that small kids do produce both, it would I imagine be limited to internally.


Having said that, if the noise of 20 odd small children screaming could be heard by neighbours and they complained, that might become a problem.


Is the property detached? Semi? Terrace? Is it soundproofed? Is it isolated or surounded by close neighbours?

It is a very old property and not soundproofed. Your comment about kids producing both made me chuckle but it was my main source of concern.

edgex wrote: »

Have you spoken to the council planning department as to their view on a change of use?

No, not yet...