Applying for Planning Permission on plot with covenant

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    Applying for Planning Permission on plot with covenant

    Hi There

    I wonder if somebody could point me in the right direction. I have purchased a house with a large plot and I am currently applying for a second dwelling to be approved by the Planning Department, after which I intend to split the plot into two Land Titles.

    There is a covenant in the Third Schedule that states,

    " Not to use the said property or any part thereof for any purpose other than that of a private dwelling house in the occupation of one family only"

    Obviously both properties would be private dwelling houses with one family in residence. Can you tell me if I have to remove this covenant before commencing construction, and if it will have a detrimental effect on the Titles.

    Thanks

    #2
    There was a court case where the meaning of the words "a residential property" was relevant because a developer wanted to erect a further number of houses in the grounds of a property burdened with a covenent similar to yours.

    The neighbouring property owner of an equally large house on a large plot claimed this was not permitted because of the wording of the covenent which he had the benefit of.

    The final ruling by the Appeal court confirmed that the word "a" did not have the same meaning as the word "one" or "single"

    That meant that each of the houses when built would be used as "a residential property" even though there would be additional new houses on the plot once development was completed.

    This web site gives a summary of some cases that you can research.

    http://www.practicalconveyancing.co....iew/7637/1130/

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