Changing lawn into gravel driveway - am I allowed to do it? (new build with covenants)

koniesinvenice

Hi!

I want to make a gravel driveway in a new build on a private road.
Currently there is grass there with bushes in front of it.

I read the covenants and it doesn't seem to mention anything stopping me from changing the lawn.
Point 6 and 11 might be relevant but to my understanding point 6 is talking about changing the building only (like extensions or paint) while point 11 just means I can't grow anything in front that obstructs sight lines.

Am I correct? Thank you for your help!

Below are the covenants:

1. not at any time to carry on or permit to be carried on upon 

the Property any trade profession or business whatsoever or to 

use or permit the same to be used for any purpose other than 

as a private residence save that this covenant shall not prohibit 

the owners and occupiers of such dwellinghouse for the time 

being working from home in a manner which does not affect its 

character as a private residence

2. not to do or permit to be done on the Property any act matter 

or thing which shall or may be or become a public or private 

nuisance or any danger detriment annoyance grievance or 

inconvenience to any of the Owners of the Other Houses or to 

any occupier of land or buildings adjoining or neighbouring the 

Property or Regal Court or which may lessen the value of such 

land or buildings shall be done or suffered to be done in or 

upon the Property

3. not to keep or allow to be kept on the Property or any part 

thereof any poultry or animals (other than the usual domestic 

pets) and in particular not to keep any dangerous pets nor 

allow pets to trespass on to any other property on Regal Court

4. not to keep or park any trailer boat commercial vehicle or 

stock-car or any unlicensed or unroadworthy motor vehicle on 

the Property

5. not to obstruct or keep or park any motor vehicle on the 

Accessway

6. not without the written consent of the Transferor to construct 

any building or structure on the land nor to make any external 

alterations or extension to the buildings on the Property within a 

period of five years from the date hereof

7. not to erect boards placards or signs on the Property 

indicating that the Property is for sale or to let within a period of 

three years from the date hereof

8. not to erect any additional fence or boundary wall

9. not to erect any external wires or aerials satellite dishes or 

other electrical conductive installations on the Property without 

the prior consent of the C.L. Owner

10. not to erect upon or display from the Property signs of any 

kind whatsoever other than a name or number board on the 

door or a wall of the dwellinghouse

11. as to the areas (if any) which have been or are to be 

landscaped in accordance with the planning permission 

relevant to the development of Regal Court:

11.1 not to build any structure thereon

11.2 not grow or permit any plant tree or shrub to grow to such 

a height as to obstruct the sight lines (if any) affecting the said 

area

12. not to dispose of the Property other than by way of a 

charge without procuring that the disponee enters into the 

Deed of Covenant

Section62

koniesinvenice said:

I read the covenants and it doesn't seem to mention anything stopping me from changing the lawn.
Point 6 and 11 might be relevant but to my understanding point 6 is talking about changing the building only (like extensions or paint) while point 11 just means I can't grow anything in front that obstructs sight lines

.....

2. not to do or permit to be done on the Property any act matter 

or thing which shall or may be or become a public or private 

nuisance or any danger detriment annoyance grievance or 

inconvenience to any of the Owners of the Other Houses or to 

any occupier of land or buildings adjoining or neighbouring the 

Property or Regal Court or which may lessen the value of such 

land or buildings shall be done or suffered to be done in or 

upon the Property

Point 2 is fairly wide-ranging, it could be argued creating a driveway could fall foul of that in many different ways.

You also need to check the planning consent for the development.  There may be restrictions on providing additional parking space, and possibly conditions requiring landscaping to remain as per the plan.  You should also check to see whether (all or some) permitted development rights have been removed.

koniesinvenice

Section62 said:

Point 2 is fairly wide-ranging, it could be argued creating a driveway could fall foul of that in many different ways.

You also need to check the planning consent for the development.  There may be restrictions on providing additional parking space, and possibly conditions requiring landscaping to remain as per the plan.  You should also check to see whether (all or some) permitted development rights have been removed.

Thank you so much for your help!

Surely the planning consent for the development is not really my issue though? I am just limited by covenants?

But I do see your point with Point 2... I doubt it would hold in court though since changing grass to gravel surely doesn't create nuisance or any danger?

user1977

koniesinvenice said:

Section62 said:

Point 2 is fairly wide-ranging, it could be argued creating a driveway could fall foul of that in many different ways.

You also need to check the planning consent for the development.  There may be restrictions on providing additional parking space, and possibly conditions requiring landscaping to remain as per the plan.  You should also check to see whether (all or some) permitted development rights have been removed.

Surely the planning consent for the development is not really my issue though? I am just limited by covenants?

No, you're a property owner and need to comply with the planning conditions which apply to your property.

Section62

koniesinvenice said:

Section62 said:

Point 2 is fairly wide-ranging, it could be argued creating a driveway could fall foul of that in many different ways.

You also need to check the planning consent for the development.  There may be restrictions on providing additional parking space, and possibly conditions requiring landscaping to remain as per the plan.  You should also check to see whether (all or some) permitted development rights have been removed.

Thank you so much for your help!

Surely the planning consent for the development is not really my issue though? I am just limited by covenants?

But I do see your point with Point 2... I doubt it would hold in court though since changing grass to gravel surely doesn't create nuisance or any danger?

Development has to be carried out in accordance with the planning consent, and if the plans showed the area as 'green' landscaping then there is a grey area about whether you can subsequently change that to 'brown' landscaping or hard surface, especially so soon after completion of the build.

More specifically, the planning consent may require the area to be retained as grass.  This is a more powerful restriction than any covenants as technically you'd be in breach of the planning consent if you make changes which would require consent. (this is where permitted development rights are also important).

If the road was adopted then there is a good chance the highway authority wouldn't allow you to have a gravel driveway adjacent to the road as gravel is a well-known danger to road users (e.g. for pedestrians, cyclists and motor vehicles).  Vehicles driving in/out of driveways also poses a danger for pedestrians using the footway (if any). I think it would be quite easy for the developer - assuming they own the road - to argue the case in court that your gravel driveway posed a "danger" to people using the road, and they could simply refer to the highway authority's stance on the issue.

Nuisance can be a little harder to argue, but people parking close to the front of properties can affect light and views, there is the issue of engine noise, and the crunching of gravel as you drive over it can be really annoying.

Whether or not the developer will be bothered enough to take this to court is a different question though.

What really matters the most is how your neighbours will view this.  If they are likely to want to do the same then they probably won't complain.  If they like the idea of having green grass in front of each house and find cars unsightly, they make kick up a fuss with anyone who will listen.

eddddy

koniesinvenice said:

I want to make a gravel driveway in a new build on a private road.

Who owns the private road?

I didn't see anything in your covenants about having to contribute to the cost of upkeep of the private road - which seems a bit strange.

Is there a separate deed or similar which talks about maintaining the road, giving you the right to use the road, and perhaps limits how you can use it (e.g. is there effectively a ransom strip on the side of the road, which you can't drive across?)

(Even if the road has been adopted by the local authority - you might have to check for a ransom strip.)

And/or will any changes need to be made to the private road - e.g. dropped kerb, replacing some turf with a hard surface, etc. If so, you'd probably need the owner's consent to do that.

 

Eldi_Dos

How would a insurance company view a vehicle parked close to a property it insures, especially if there is ambiguity about whether the drive should be there.

user1977

Eldi_Dos said:

How would a insurance company view a vehicle parked close to a property it insures, especially if there is ambiguity about whether the drive should be there.

Given I have never seen an insurance proposal form ask a question about that sort of thing, I can't see that their opinion about it (if they have one) could possibly come into how they treat a claim.

Eldi_Dos

user1977 said:

Eldi_Dos said:

How would a insurance company view a vehicle parked close to a property it insures, especially if there is ambiguity about whether the drive should be there.

Given I have never seen an insurance proposal form ask a question about that sort of thing, I can't see that their opinion about it (if they have one) could possibly come into how they treat a claim.

That is very trusting of you but it is something I would want clarified, with it being most people's biggest asset, especially if you lived above the property that had changed lawn to driveway.

born_again

Do you have a driveway & dropped kerb?
You also have to be aware that sometimes part of the planning permission, maybe no parking in front of house line. 

user1977

Eldi_Dos said:

user1977 said:

Eldi_Dos said:

How would a insurance company view a vehicle parked close to a property it insures, especially if there is ambiguity about whether the drive should be there.

Given I have never seen an insurance proposal form ask a question about that sort of thing, I can't see that their opinion about it (if they have one) could possibly come into how they treat a claim.

That is very trusting of you but it is something I would want clarified, with it being most people's biggest asset, especially if you lived above the property that had changed lawn to driveway.

Can you explain why you would wish it clarified? There is no requirement in consumer insurance products for the customer to disclose matters which the insurer hasn't asked them about.

Think it through - there must be an infinite number of factors which may arguably affect the risk of insurance a particular property - do you think you need to run through all of the ones you can come up with "just in case"? Why do you think insurers do ask specific questions before deciding to insure?