Freeholder wants to put a house in our garden

[Raymond Lin]

House will be quite big probably 5 bed.

It will take around 50% of the communal gardens.

Probably? You should be able to see the plans online in the local authority's planning page.

 

[Raumarik]

How would the residents of the new house access their property? Something to consider if he'll have to build a drive etc to it.

 

[jcr]

Invite so e ****** to move into your garden

 

[francky]

Simply put....if that garden is included as part of your lease......you have as much right to it, as you do the living room you reside in and he is NOT allowed to build anything on it.

You have to look at the terms of your lease and if use of the gardens in question are included, then he cannot build a house on it.

 

[dirtychinchilla]

I have to say, although the "old tree" point made me laugh, that willow is probably under conservation laws. Just object as much as possible.

 

[Dr House]

Probably? You should be able to see the plans online in the local authority's planning page.

There are no plans of the house it only says 4+ bedrooms on the application.

I have to say, although the "old tree" point made me laugh, that willow is probably under conservation laws. Just object as much as possible.

The tree "fell down" in bad weather last year

 

[Zogger]

maybe you could get together and buy out the freeholder? no idea if this is a feasible solution, but there are specific rules about whether or not the freeholder is allowed to say no.

 

[Dr House]

maybe you could get together and buy out the freeholder? no idea if this is a feasible solution, but there are specific rules about whether or not the freeholder is allowed to say no.

I thought about this, the problem is that there are 24 apartments in the block and he has only managed to sell around 8 to 10 of them so he owns the rest. I own the top floor of the block but its only one flat.

 

[Stretch]

Has planning been approved?

Problem is he got planning permission, other residents objected but he still got it. The developer is quite well connected in the council I think. He will not be cutting the trees down but its going to have a material impact on the value of my property.

Sorry, didn't see this. Welcome to the world of planning in the UK. It's corrupt to the core and without apology.

You can't object to planning application on the grounds of loss of value or view anyway. They use very vague terms like loss of amenity which could mean just about anything, and mean they can permit or refuse planning application inline with their corrupt local planning cartel.

 

[Raymond Lin]

Sounds like he only submitted outline planning permission, he will still need to submit full planning with proper drawings (1:100 scale).

 

[Mr-White]

Get your apartment valued, if it all ends up going through and built get your apartment valued again and then you know how much losses to sue for.

MW

 

[francky]

Get your apartment valued, if it all ends up going through and built get your apartment valued again and then you know how much losses to sue for.

MW

There's no need for any of this.....if the lease is for 999 years for example and the gardens were demised to the leaseholders as part of the lease, tell him to come back in 999 years.

If they are not included in the lease, then he can do what he wants.

 

[HummuH1]

Get your apartment valued, if it all ends up going through and built get your apartment valued again and then you know how much losses to sue for.

MW

What?

 

[manic111]

Ignore.

 

[Housey]

Your lease is your starting point. Is there a management company involved in running the administration of your development? If there is, sometimes the leaseholder will transfer responsibility for such rulings to the managing entity, so this might be an angle to check, but I suspect as he is a developer this wont be the case.