Is my freeholder allowed to develop on the roof of building

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    Is my freeholder allowed to develop on the roof of building

    The leaseholders in my building 'have right to use' (wording in lease) of a communal roof terrace. The freeholder has applied for planning permission to build more flats on top of the building which will take up part of the roof terrace, leaving us a much smaller area. Can the leaseholders stop the developer doing ahead with this by saying that the wording in the lease means that we own part of the roof terrace?

    #2
    On the face of it he would likely have to compensate you and amend leases but it's not a planning consideration so the LA won't be interested. I would wait and see if he gets consent then address the issue.
    You can of course raise objections with the Planning Authority due to loss of amenity and impact on your quality of life

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      #3
      Whether you "own" part of the roof terrace is not relevant if you have the right to use it. Assuming that the wording of the lease is clear, the only way the right can be taken away without the tenant's consent is if the lease allows it, which would be very unusual.

      All the leaseholders need to write to the landlord in the strongest possible terms asserting their right to use the terrace to its full extent and threatening legal action if buidling works begin.

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        #4
        If the developer provided additional amenity space on top of the new flats it proposes building there would not really be much if any a loss of amenity.

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