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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
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Experience:  Over 20 years experience
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I am buying a ground floor flat in Islington which is being

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I am buying a ground floor flat in Islington which is being sold by owners who bought it under a right to buy provision and the freehold is owned by Peabody Trust
The flat has a private garden and I would like to build a conservatory on part of it and change a window in the lounge into double doors to access it
Subject to me applying for permission can Peabody Trust stop me doing this as it is my understanding that a conservatory does not need planning permission only building regulations
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Ok - only certain conservatories do not need planning permission. It rather depends both on the size and what you are planning. There are a number of points here but chief amongst them are:you will need to notify the local planning authority (though no fee needs to be paid for this);once that is done the planning authority will contact neighbours in adjoining properties;your neighbours then have a right to make an objection within 21 days.Permitted Development in EnglandThere are also a number of conditions relating to structural elements of the conservatory as well as its position in regards ***** ***** house. Here's a summary of all of the conditions (as per the Planning Portal website – http://www.planningportal.gov.uk/permission/commonprojects/conservatories/):No more than 50% of land around the "original house" should be covered by the conservatory.No extension forward of the principal elevation or side elevation fronting a highwayNo extension to be higher than the highest part of the roof.A single-storey rear extension must not extend beyond the rear wall of the original house by more than 3m if an attached house or by 4m if a detached house. This limit is increased to 6m if an attached house and 8m if a detached house until 30 May 2016, subject to the Neighbour Consultation Scheme [see description above].Maximum height of a single-storey rear extension should be no more than 4m.Maximum height of the conservatory should be no higher than existing house.Side extensions should be single storey with maximum height of 4m and width of no more than 50% of the original house.Extensions of more than one storey must not extend beyond the rear wall of the original house by more than 3m or be within 7m of any boundary opposite the rear wall of the house.No verandas, balconies or raised platforms.On designated land – national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites – no permitted development for rear extensions of more than one storey; no cladding of the exterior; no side extensions.If your conservatory doesn't meet the Government's conditions then you'll need to submit a planning application to your Local Building Authority. This costs around £150 in England and can take up to eight weeks to process, so in most cases it's best to try and avoid this. You will also need to check that you obtain the permission of the Peabody Trust. Please rate positive.
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Customer: replied 1 year ago.
It is not a house. It is a flat which is part of a block of about 40 flats and 5 storeys but the garden is at the rear and is walled and for sole use of the flat i am buying.
My main question is that Peabody own and are responsible for the structure of the building and in the lease it states
"Not to make any structural alterations or additions to the building whatsoever unless authorised by any relevant legislation for the time being in force and in particular the Town and Country Planning Act 1990 and first having obtained the landlords prior written consent"
It also says in the lease "To observe and perform the conditions stipulations covenants and all other matters relating to the demised premises contained mentioned or referred to in the registers of title number....." which i have searched on the land registry but doesnt seem to say much as it appears to be an extract of title
Is there any specific wording that i need to look for which would mean that there is a condition which specifically denies permission for extension to the property onto the garden area?

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