Management company to extend bin store outside property and own the head lease

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    Management company to extend bin store outside property and own the head lease

    I have a ground floor flat with a bin store area to the rear of the property. Currently this is to the side of the property, but the management company want to extend this to store more bins. The bin store would be extended so it comes into view of one of the bedrooms.

    The management company purchased the freehold and the head lease. The bin store changes were approved in the AGM however these changes were not stated on the agenda for the meeting therefore I was unaware until I received the minutes of meeting. The AGM consist mainly of friends and relatives of the Director of the management company who approved the plans, so even If attended I would have been outvoted.

    I have contacted the company to see the plans and work something out. If I cannot resolve this myself I would like to know what the options are considering they own the head lease.

    Object to the planning application, or, if they start work without one, raise a planning breach report with the council.

    Generally there are no permitted rights developments for flats, beyond fencing and satellite (microwave) dishes.

    Look at the lease, and see if you have any easement to use the land they intend to encroach on, and which is unconditional.

    (Also obtain a copy of the planning consent, for the flats, from the council. It might be that there are specific conditions.)


      Thanks for the information. The bin store already exists and is being expanded. The work is about to start. Its the expansion which is which is the problem as it encroaches in the bedroom view which is on the ground floor.

      Just so I am clear, if the management company own the Head lease and the freehold, can it do whatever it wants to with the bin store, or do they still need a planning application. The director of the management company is of the opinion that he is less constrained by council rules now that he has purchased the head lease from the council. I have yet to check for a planning application, and will look into it.


        Originally posted by kuvpatel View Post
        if the management company own the Head lease and the freehold, can it do whatever it wants to with the bin store
        No, they're still bound by the terms of the Lease. leaseholder64 is right - have a look at your lease, have a look at your communal areas, and see if they're still adhering to it.

        I've tried to get planning permission type stuff through and the council usually don't want to know unless it's really blatant. You're going to have better luck using your lease which will almost certainly have this stuff enshrined.


          Planning permission has nothing to do with whether or not the council is the landlord. Whether or not you can convince the planning authority that real harm is being done is a different matter, but any consent for the bin store will be conditional on its remaining in conformance with that consent. If there was no consent, and it is too late to challenge on the original breach, any change will be a new breach.


            This is very helpful. Thank you to leaseholder64 and Benzo


              I have received a reply from the Management Company that they do not need a planning application and have decided to commence with the bin store improvement despite my objection. The bin store extention takes up some of the communal area in the car park which residents use as access to the get to their cars.

              The lease has a clause about encroachment and light passage and to report such issues to the leessor. However it is the management company which owns the head lease making the alterations. The lease also contains a map of the development showing the space occupied by the original bin stores. This space is less than the proposed new bin stores, therefore it is an alteration to the original plans.

              Trying to interpret the particulars of a lease correctly for me is not an easy task and I will be contacting a solicitor. I am wondering if I have sufficent grounds challenge the management company.


                Originally posted by kuvpatel View Post
                Trying to interpret the particulars of a lease correctly for me is not an easy task and I will be contacting a solicitor. I am wondering if I have sufficent grounds challenge the management company.
                Not easy for any of us mate. You're doing the right thing. Get a professional opinion.


                  I think they are probably wrong about planning permission. They are probably using the rules for householders, but those don't apply to flats.


                    The development is square with flat on one side and houses on three sides, with a car park in the middle. The lease is very similar for both types of properties where common parts are concerned, so maybe they are using the wrong rules. Once I learn more through a solicitor I will post the findings for anyone who gets into a similar situation. Your comments are appreciated as I feel more confident approaching a solicitor having thought through the situation first.


                      Having exchanged letters with the Management Company, I formally stated my objection to the planned bin store and detailed my reasons. I was planning to instruct a solicitor, but the Management Company decided not to go ahead with the planned development. They have agreed to redraw the plans for the bin store. I have suggested that the new bin store should be the same dimensions as the existing one and occupy the same space. Hopefully they will stick to what has been agreed. Your comments here have been very useful for me in tackling this problem. In particular, if the Management Company owns the head lease, they are not exempt from planning permission and a planning breach report can be raised. I would like to thank Benzo and Leaseholder64 for your replies.


                        Pleasure. I'm glad it worked out for you.


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