Here is the general approach to take if you have a planning application you strongly disagree with.
Planning
If the feedback/comment window has closed, then there are several routes open to you. We have heard of people successfully getting applications thrown out where they are not in keeping with the area. The key tasks they followed were:
Tasks
1. Engage planning lawyer to examine the application
2. Receive advice to see what policies are being breached
3. Get letter of objection drafted and lodged by lawyer
4. Circulate letter to all councillors as below with clear statement on
intent to pursue further action if scheme granted.
Quotes for this type of work are around ~£2500+.
You need to act BEFORE the planning meeting and ideally before the officer has made their report for this route to work.
Post Planning Approval
This needs to be done within 3 Months!
Once planning has been approved there are no real routes to appeal other than a Judicial review. The same type of firm (above) will be able to advise if there is even a case to be made. See our new guide to help you understand Judical review
Covenants
Earlier the better as the developer will try and insure against this if they exist. You need to get in before they insure the risk!
As I'm sure you saw from our website these can be highly powerful legally enforceable rights. This is a complex area of law so specialist advice must be sought; however the first few steps you can take PRIOR to starting to spend loads of money on Legal Fees.
Request the 'title register' from the Land Registry - it will cost you £3.
https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do?_ga=2.166205118.1890663958.1599585320-199390602.1591437959
Depending on what you find here:
if there are covenants then in section 'C: Charges Register' there should be an entry which will say something like:
A conveyance of land .... contains restrictive covenants;
or, alternatively, the covenants may be laid out in full, normally under a title:
=> Schedule of restrictive covenants
Depending on what is there controls your next step.
If the first case (and there should be some note indicating that there is a copy), then you need to request the Conveyance or Transfer document from the Land Registry - this is a simple form and each document costs £7.
If the second case - if there is a copy filed - you need follow the above. The solicitor/legal team will always want the original.
Also even if there is not a copied filed, you or the neighbours may have original conveyances which may help you.
Once you receive the copies then the real fun starts (or if you have the text).
At this point depending on what the Covenants say, the next steps become more complex. Read the covenants and they should a) Tell you what can and cannot be done with the land and b) Who or which land benefits from the covenants. Ideally there is a map attached to the conveyance (if you have only the text then you might need to apply some guess work and search around and try and find a property which has the copy filed or the owner has the original).
IT IS IMPORTANT TO NOTE EVEN IF THE COVENANT IS ONLY WITH 'The Vendor' DEPENDANT OF DATE AND EXACT WORDING IT STILL MAY BE ANNEXED (ASSIGNED TO THE LAND). THE BEST ROUTE IS TO SEE IF YOU CAN IDENTIFY THE LAND WHICH THE ORIGINAL VENDOR OWNED AT THE POINT OF SALE CLOSE TO THE PLOT YOU ARE RESEARCHING. DO NOT DISCOUNT THE COVENANT; AT THIS STAGE IT IS BEST TO ERR ON THE SIDE OF BENEFIT.
At this point assuming you a) have a covenant which would prevent the building on flats on the land or ANY part of it and b) you can identify the owner of land (or maybe the original covenantee) which would potentially benefit, you need to approach the beneficiary and see if they are willing to explore the option to enforce the covenants. If they are, you need to start seeking specialist legal advice which can get expensive quite quickly. The steps now are:
1) Getting specialist legal advice on whether the covenant is enforceable and if so by whom.
We would recommend you go direct to a Barrister for this advice - BUT you will find only certain chambers will talk directly to the public - this will save you ~1K in solicitor fees.
The only chambers we have found which will accept direct access clients is: Wilberforce Chambers
2) If the Barrister’s advice is positive, then engage a firm of specialist solicitors. There are a number around, but I must emphasise this is specialist and your general purpose solicitor will not suffice.
Technically, you can do the solicitors work yourself - however we have found a solicitor’s letter much more effective than the privately written one (even though they say the same thing!).
COSTS
As mentioned above this can get expensive quickly. This shouldn't put you off; the threat of a well organised legal challenge can work. The laws surrounding covenants are well established.
There are limited funding options available to you as there is very little money in this type of litigation.
We are slowly building a library of templates which can be used for this type of legal case which may help keep your costs down. Please get back in contact if you get to the stage of having to consider launching legal action.
We hope this helps and if you need further help, please get back in contact. We wish you luck!