Restrictive Covenants - Tarmac/pave driveway

JRG_4

Hi, 

we have recently moved into a new build plot which currently has a 1 car drive and a small grass garden next to it. We’d like to tarmac/pave the grass area so we could park two cars. Below are the covenants in the land registry.

4.3 Parking:

(a) During the Development Period not to park any commercial vehicle caravan mobile home camper van trailer or boat or any vehicle of a similar character on any part of the Property so as to be visible from the Development Roads without the prior written consent of the Transferor and/or the Developer who may grant or withhold such consent as they shall in their absolute discretion think fit

(b) Not to park on or to obstruct or to deposit anything on the Parking Courtyard the Development Roads and Development Footpaths or the Estate Managed Areas and not to allow any occupier or visitor to the Property to infringe this covenant except that vehicles delivering or collecting goods may be parked on the Development Roads temporarily 

(c) Not to allow or cause to be allowed the deterioration of any vehicle on the Development to an unreasonable condition nor to abandon any vehicle whatsoever on any part of the Development and in the event of any breach of this covenant it shall be lawful for the Transferor and/or the Developer without prejudice to its rights hereunder to arrange for the removal of such neglected or abandoned vehicle and to recover from the Transferee any costs incurred by it

(d) Where there is included in the Property a Courtyard Parking Space not to obstruct/prevent the Management Company Developer or Transferor from carrying out its obligations to repair maintain the same

(e) Where part of the Property comprises a Courtyard Parking Space not to alter the Courtyard Parking Space nor any part of it in any way

 4.5 Front Garden:

(a) Not to enclose the front garden (defined below), except by fences, walls or hedges which comply with one of the following:

(i) they were erected or planted by the Transferor or the Developer consistently with planning permission; or

(ii) the Transferee has obtained the prior written consent of the Local Planning Authority if necessary, and also if erected or planted within 10 years from the date of this Transfer, then he has also obtained the prior written consent of the Transferor and the Developer

(b) To keep the front garden as a lawn and access drive or parking space, with such planting as the Transferee may wish and not to allow any hedge or any plant on or near a boundary to exceed a height of 1.8 metres

(c) Not to erect, place or plant any structure, object or plant on the land lying between the Development  Roads and Development Footpaths (or any existing road) and any visibility splay line required by the highway authority, except that:

(i) the land may be grassed and

(ii) if the written permission of the highway authority is obtained, shrubs may be planted, but must be restricted to a maximum height of 0.6 metres

Hedges under clauses (a) and (b) above may not be planted on land subject to clause (c)

(d) Not to use the front garden for drying washing

(e) The back garden of the Property is that part of the Property lying behind the house and completely enclosed. The front garden referred to is the remainder of the Property, other than the back garden and the house

Is there anything to say i cant do this?

Slithery

Depending on what you are going to tarmac/pave it with you may need planning permission...
https://www.planningportal.co.uk/info/200130/common_projects/45/paving_your_front_garden

Norman_Castle

(b) To keep the front garden as a lawn and access drive or parking space,

It doesn't state how large a lawn needs to be or that you cannot park on it. It also says lawn or parking space. If there is a choice of either I'd suspect they're covering all other options although I'm not sure what else people would use a front garden for.

JRG_4

Norman_Castle said:

JRG_4 said:Transferor and the Developer

(b) To keep the front garden as a lawn and access drive or parking space,

It doesn't state how large a lawn needs to be or that you cannot park on it. It also says lawn or parking space. If there is a choice of either I'd suspect they're covering all other options although I'm not sure what else people would use a front garden for.

I think theres definitely ways around the way they have worded it.