Planning Permission Consent - who is reflected in Title Deeds?

DLM73

I have recently been given consent from planning to convert my garage into a room, the issue is the wall we need to use is adjoined to our neighbours who raised an objection.
At present on my title deeds it states the following:

Together with a servitude right to support the beams and roof of the carport forming part of the subjects in this Title on the south westmost wall of the adjoining subjects PROPERY ADDRESS, aforesaid declaring that the said walls should not be used for any other purpose whatever and the proprietors of the subjects in this Title shall be bound to repair immediately any damage which may be caused to the said wall by exercise of the said right.

Does the above mean that I cannot legally alter the garage even although I have been given permission by the council or do I need to have the title deeds updated to reflect once the changes have been made?  Thanks

greatcrested

Planning pemission is a stand-alone matter. The council planners will consider the application (and grant/reject it) purely on the basis of planning law and planning criteria.

They will not consider ownership (indeed I could apply for planning permission for an extension to your house), nor will they consider covenants (as here) within a property's title.

Your neighbour objected to your application, and the planners over-ruled/ignored that objection on the basis of planning criteria.

The neighbour however can quite separately attempt to prevent your conversion based on the covenant, which appears to prevent you from coverting the garage to a room: "the said walls should not be used for any other purpose whatever".

Worth looking also at your neighbour's title.

DLM73

thank you for your help.

princeofpounds

It's an unusual covenant, specifically the part about no use for any other purpose. What counts as a 'use' for a wall?! Given this is part of your garage, which I presume already has a roof, then it is already being used from something else and perhaps has done so since the beginning.

You probably should get some legal advice on this. Covenants don't disappear simply because they aren't enforced. What is to stop your neighbour asking you to remove your garage roof? (I wonder if they even know about this covenant given it is on your deeds rather than theirs...)

In terms of building techniques, you can probably work around this if necessary. But the part that a court might find controversial - using the wall to support other structures - already seems to be the case (?)