Conveyancing Solicitor in Croydon discovers breach of planning control

by Alanna Narain, Legal Researcher
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Conveyancing in Croydon for a dwelling on Winterbourne Road, CR7 was carried out by Solicitor Joanne Yamat.

Results of the local authority search revealed an application (reference number 00/0167/C) for a single storey rear extension to be carried out at the property. Upon contacting the planning department at Croydon Council (Taberner House, Park Lane, Croydon, CR9 3JS) for a copy of the approval and a completion certificate, it was revealed that the reference was actually in relation to a complaint for a rear extension that was erected without consent at the property.
In broad terms the types of complaints which can be investigated by the local authority, include:

  • unauthorised building works;
  • change of use;
  • works to listed buildings;
  • advertisement displays;
  • unauthorised works to trees in a conservation area or protected by a tree preservation order;
  • failure to comply with a planning condition or similar limitation;
  • untidy land.

In many circumstances, and when it is established that a breach has occurred, the council will usually require that the works be reversed and the home restored to its original state.
Joanne confirmed that the extension was removed and received the updated documentation as evidence on behalf of the purchasers (reference number 00/336/BN; completed 07/04/00).

The following are details of the restrictions and stipulations affecting the property which also affected the dwelling and were contained in a Conveyance of the land dated 30 August 1923:

  • purchaser shall not at any time exercise or carry on in or upon the said premises or any part thereof any trade or business whatsoever but shall and will use the premises as and for a private or professional dwelling house only
  • buyer shall not and will not at any time or times do or permit or suffer to be done on any part of the premises hereby conveyed any act, matter or thing which may be or become a nuisance or annoyance or damage to the vendor or the owners lessees, tenants or occupiers of any adjoining or contagious lands buildings and premises. In particular, the purchaser will not use or permit allow or suffer to be used any house or building erected or to be erected on the land hereby conveyed as and for an advertising station or for any sale manufactory exhibition or asylum for lunatics or idiots
  • not to, at any time, convert or permit to be used or converted the said premises as or for or into flats, model dwelling houses or a tenement house
  • all walls or fences dividing the premises from the adjoining ones are to be deemed party walls and fences

It is important for Solicitors, when Conveyancing in Croydon, to interpret any covenants and to bring them to the attention of the purchasers, as well as ensuring that the previous owners have complied with them.

Despite the delays that occurred, the transaction progressed to completion, to the satisfaction of both parties involved.

For more information about Conveyancing in Croydon, contact Fridaysmove on 0330 660 0286.

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