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planning permissions

I have recently purchased a house with a conservatory which is need of repair, there is a covenant on the property which states. 
'Not without the consent of the Local Authority under the Town and Country Planning Acts and Building Regulations for the time being in force and the grant of any necessary rights by adjoining owners to erect any building or structure on the land hereby transferred nor erect or make any extension or alteration to the dwelling thereon'
do I need planning permission to remove the conservatory and or replace with another structure i.e. brick extension in the exact same space? which does not meet planning laws for an application?
the company that built the homes are no longer trading 

Comments

  • user1977
    user1977 Posts: 17,338 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    They just mean that if any such consents are necessary, you need to get them. If it's exempt then you can ignore.
  • Section62
    Section62 Posts: 9,261 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    duffyad said:
    I have recently purchased a house with a conservatory which is need of repair, there is a covenant on the property which states. 
    'Not without the consent of the Local Authority under the Town and Country Planning Acts and Building Regulations for the time being in force and the grant of any necessary rights by adjoining owners to erect any building or structure on the land hereby transferred nor erect or make any extension or alteration to the dwelling thereon'
    do I need planning permission to remove the conservatory and or replace with another structure i.e. brick extension in the exact same space? which does not meet planning laws for an application?
    the company that built the homes are no longer trading 
    Strictly speaking, all house extensions need planning consent.  But under permitted development rules, extensions which comply with the rules (and where the necessary permitted development rights still exist), are deemed to have consent from the Secretary of State.

    It is a technicality, but there is a difference between "I don't need consent" and "I already have consent under permitted development".

    In your case it probably makes no difference, but if "the consent of the Local Authority under the Town and Country Planning Acts" is required, then strictly speaking permitted development doesn't meet that test because it isn't consent granted by the local planning authority.

    Have you checked the house still has full permitted development rights?
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