Lease hold garage under coach house

NameUnavailable

Amazing. I might do it just for the fun of it!

Doozergirl

NameUnavailable said:

Amazing. I might do it just for the fun of it!

I might try somewhere a little less ambitious than the grounds of a Grade 1 Listed Building.  Whilst a lease may not be, that is definitely a planning consideration.  

eddddy

NameUnavailable said:

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?

You'd need to inform the owner of the property at least 21 days notice before you apply for planning consent.


But... that's probably not relevant to the OP's situation.

It sounds like it's the leaseholder who is applying for planning consent (the OP is the freeholder).

As far as planning rules are concerned, the leaseholder is the owner of the property - so they don't have to give anyone else notice.


(And planning authorities definitely don't get involved in reading leases to see if there are covenants that prohibit alterations, or covenants that require the leaseholder to get freeholder consent for alterations, etc, etc, etc.)

NameUnavailable

eddddy said:

NameUnavailable said:

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?

It sounds like it's the leaseholder who is applying for planning consent (the OP is the freeholder).

Yes I get that the OP is the freeholder and the garage is leased to another party - I expect that their home is also a freehold house next door to the coach house, so if they were able to extend into the garage and create a study or bedroom, that room would be leasehold and the rest of their house freehold.

It sounds like the neighbour doesn't understand what a lease means (plenty don't!).

Kimbo54

I have now seen the plans. they intend to knock through the party wall/ Supporting wall and remove the garage door to put a window in. I own the whole of the building and the ground the garages sit on! 999 years leases for both. I don’t understand why when the lease clearly says no alterations including structural that they have pressed ahead with this 

SallyDucati

They’ve possibly just not thought it through, even the impact on you being above it. I would say you need a conversation with them.

sammyjammy

SallyDucati said:

They’ve possibly just not thought it through, even the impact on you being above it. I would say you need a conversation with them.

OP has already had a conversation with them which appears to have been ignored.  Does seem strange they are wasting money on this - arrogance or ignorance no doubt time will tell.

eddddy

Kimbo54 said:

I don’t understand why when the lease clearly says no alterations including structural that they have pressed ahead with this 

According to your first post, the lease doesn't say "no alterations" - it says "no alterations without consent".

So you just need to wait until they request your consent.

Then you can hire solicitors, surveyors, structural engineers etc to advise you - and you can (probably) re-charge  their fees to the garage leaseholders.

In fact, you can probably say that you won't consider their request for consent, unless the garage leaseholders pay those fees in advance.


If the garage leaseholders start work without requesting your consent, you can consult a solicitor and potentially start the process of forfeiting the lease (i.e. repossessing the garage)