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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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My property is commercial and a working

Resolved Question:

Hi my name is Peter
My property is commercial and a working business, that I wish to develop to mixed use.
I have restrictive covenants on my tittle deeds, being Not to erect any building nor carry out any development on any part of the property hereby transferred except in accordance with plans elevations sections and specifications to be first submitted to and approved by the vendors or their surveyors (such approval not to be unreasonably or vexatiously withheld)
Question, when should I send details of my plans to the transferor's ? what would be a reasonable time for their reply ? on what grounds could they possibly give me problems?
If they prove to be unreasonable what course of action is available to me ?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Prior to obtaining any planning permission, when you are at the pre planning stage for any development you wish to carry out, you should send copies of any plans to the original vendors. Generally, you would give a time period of six weeks to examine the plans and for submissions or approval to be given in relation to them. Legitimate grounds for refusal would be anything which injuriously affected the vendors enjoyment of their property. An example would be excessive height or noise or intensity of development. If the vendors prove unreasonable, you can apply to court to dispense with their consent. Here the court will examine what is proposed and consider whether the refusal met the requirements of reasonableness.
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