Lease hold garage under coach house

Kimbo54

Hello
I am the owner/proprietor of a coach house above 3 garages. 1 is mine the other two are on long leases ie 999 years of which I have copies. I was recently informed that one of my neighbours has put in a planning application to extend into the garage under my bedroom. The lease says no alterations or structural alterations are to be made with out my permission. Will the council go against the lease? I have sent an objection letter with a copy of said lease. Anyone else had this issue? 

Slithery

Ownership of property has nothing to do with planning permission, I could apply for planning permission for a block of flats in the grounds of Windsor Castle if I wanted to.

However, planning permission being granted does not give the right to build. That's the point at which the lease would prevent any work from being done.

user1977

Your objection isn't going to be a valid one if all you've done is point at the lease; but as a separate matter, it sounds like the leaseholder would need your consent. You might want to prompt them about that - seems odd they've gone to the expense of a planning application if they had realised they'd need consent under the lease too. 

Kimbo54

They know as I have already pointed this out and told them. Looks like I may have to speak to another Solicitor 

eddddy

Kimbo54 said:

They know as I have already pointed this out and told them. Looks like I may have to speak to another Solicitor 

There's probably nothing to speak to a solicitor about at this stage.

From what you say, it sounds like your neighbour might need permission from 2 'people':

1. Planning consent from the planning authority
2. Consent from the freeholder (you)

They don't have to do both at the same time. The neighbour might have decided to apply for planning consent first - and if it's granted, then get consent from you.

(Obviously, if the neighbour doesn't get planning consent - there's no point asking you for consent.)

Section62

Kimbo54 said:

I am the owner/proprietor of a coach house above 3 garages. 1 is mine the other two are on long leases ie 999 years of which I have copies. I was recently informed that one of my neighbours has put in a planning application to extend into the garage under my bedroom. The lease says no alterations or structural alterations are to be made with out my permission. Will the council go against the lease? I have sent an objection letter with a copy of said lease. Anyone else had this issue? 

When the development was built was there a planning condition put in place on the garages saying they had to be used for parking?

If so, that would be a valid ground of objection, especially if there are parking problems in the vicinity.


Do you have a specific reason for not wanting them to do the conversion?  Done properly with decent soundproofing it shouldn't cause you too many problems, and some people (e.g. future buyers) might prefer to have a dwelling below them rather than one extra garage.  Rather than outright objection, have you considered giving (conditional) consent, obviously with an appropriate amount of recompense for your trouble?

NameUnavailable

As they have a lease they have no legal right to do anything to the fabric of the building. The risk of course is that they ignore that and just start work regardless, but that could end up being very very costly for them!

Are there other things to consider like covenants (if this is a modern estate)?

I would nip this in the bud and poing out to them that their lease allows them the use of the garage for the purposes of parking a car and that they have no right to do anything else with it, regardless of planning permission (I'd be amazed if the PP people would grant it without the freeholders agreement in any case).

NameUnavailable

Another point to mention/consider is that if they have a freehold property they would (if they did build) end up with a freehold house with one room being leasehold! Good luck trying to ever sell that!

Slithery

NameUnavailable said:

I'd be amazed if the PP people would grant it without the freeholders agreement in any case.

As I stated in my earlier post, ownership is irrelevant to PP so it wouldn't be a valid objection.

NameUnavailable

Slithery said:

NameUnavailable said:

I'd be amazed if the PP people would grant it without the freeholders agreement in any case.

As I stated in my earlier post, ownership is irrelevant to PP so it wouldn't be a valid objection.

So I could apply for PP to build a house in the gardens of Buck Palace and potentially get permission for it?

Slithery

Yes.