Lamp post on front garden/driveway, can they legally enforce me to put concrete bollards around it?

davidmcn

si90 said:

i cant find anything in our deeds about needing permission to change our front garden or am i missing it?

I suppose you'd no longer be "keeping the front garden well cultivated".

AdrianC

At a quick glance, the obvious suspects there are 12.5.6, 12.5.7, 12.5.8 (if within 2yrs), and 12.5.12. Perhaps 12.5.14 - have you checked the PP?

But if you don't think they have any grounds, why did you contact them and agree to pay them £60 for permission in the first place...?

SpiderLegs

Why made you ask for permission in the first place?

si90

no we have been in the property 3 years now so 12.5.8 wouldnt apply. It does say the front garden needs to be well cultivated but it doesn't seem to prohibit me from removing any shrubs or greenery either, other aspects like the fencing has clearly been outlined that it must not be removed or altered without permission so if this was the case for my front garden i'm presuming they would of put it in there? 
I can't find any covenants that say a) i'm not allowed to change my drive to block paving and b) i need to ask permission... on that basis i'm struggling to see which covenant i would be breach of if i go ahead without their permission anyway?

@AdrianC no, our solicitor didn't point these restrictions out to us, we were told we needed to use their solicitor (to speed things along) which i later found out was complete rubbish and they obviously do it for this very reason... We asked out of good will i suppose, just to cover ourselves incase any of our neighbours complained or objected. It was for peace of mind.

SpiderLegs

which section of your deeds deal with the lamp post? Surely there must be something there that outlines what rights the owner has for access ...etc

NewShadow

si90 said:

i cant find anything in our deeds about needing permission to change our front garden or am i missing it?

Casual reading on my phone, but at first glance I'm going to suggest - if I were looking for grounds to object to the proposal - I'd be quoting: 12.5.6, 12.5.7 and possibly 12.5.14... subject to sight of the on the original planning consent. 

Again - why did you think you needed to ask for permission in the first place?

3card

Are you 100% sure it is your property where the lamp post is?
I have been looking at Utility/Service strips for a few months because of a problem neighbour and i was wondering if you have one?
https://www.oxfordshire.gov.uk/residents/roads-and-transport/street-maintenance-z/grass-verges-service-strips

Do you have an underground water meter? if so where is that located?

jimbog

Make the new car parking space without a barrier and if they object ask them under what clause they object under. 

si90

Water meter is located in existing driveway, we do own all the land in front of the house and the lamppost is on our property. There is a mains water easement zone that comes just onto our property, whilst construction is prohibited on this zone block paving is not an issue as there is already a lot of block paving in this zone already.

si90

jimbog said:

Make the new car parking space without a barrier and if they object ask them under what clause they object under. 

This what I am thinking will be the best course of action, I feel this is a request they are telling me to do with no real grounds to enforce it.