New House - Objection Clause

Kingkong

Hey;

I am buying a new house the contract includes a clause saying I cannot object to any future planning application in the areas by the developer.

It that legally enforceable or not worth the paper it is written on.

Mark

Panjandrums

This post has been deleted.

Kingkong

Panjandrums wrote: »

This post has been deleted.

So your rights to object to bad planning should be removed.

Ah sure why don't we just go back 12 years and start building crap again all those apartments with fire issues were absolutely fine. Panjandrums you're a wealth of knowledge!

Gumbo

Kingkong wrote: »

So your rights to object to bad planning should be removed.

Ah sure why don't we just go back 12 years and start building crap again all those apartments with fire issues were absolutely fine. Panjandrums you're a wealth of knowledge!

You have the option to buy elsewhere if you don’t like the clause.
The space that this house sits on now was once a field so you can’t get annoyed when someone wants to build on the field beside you.

Talk to the developer and see if you can suss it what he has planned. He may show you where the next house will be placed etc

Kingkong

Hey;

I am buying a new house the contract includes a clause saying I cannot object to any future planning application in the areas by the developer.

It that legally enforceable or not worth the paper it is written on.

Mark

Kingkong wrote: »

The Purchaser covenants with the vendor that the Purchaser will not make, or procure any other person to make any objection to any application which the Vendor, The Contactor, or any other authorised agent of the COntractor or the Vendor, the contractor, or any other authorised agent of the contractor or the vendor shall make to the planning authority for new or revised planning permission for the development to be carried out to any other part of the Estate and/or Nearby Property.

Del2005

Kingkong wrote: »

So your rights to object to bad planning should be removed.

Ah sure why don't we just go back 12 years and start building crap again all those apartments with fire issues were absolutely fine. Panjandrums you're a wealth of knowledge!

The fire issues in apartments had nothing to do with planning and all to do with cutting corners by the developers and the people who were supposed to sign them off.

If you want to find out if the clause is legally enforceable ask your solicitor, that's why you pay them!

STB.

Kingkong wrote: »

Hey;

I am buying a new house the contract includes a clause saying I cannot object to any future planning application in the areas by the developer.

It that legally enforceable or not worth the paper it is written on.

Mark

Its called a Restrcitive Covenant Mark. And I have just read whats in the wording.

Talk to your soilcitor and get him to remove it or edit to your liking, as thats a crazy clause. You can get around future planning applications by offering observations that you do not support it.

You better ask the developer what his plans are if you havent already.

Kingkong

Thanks STB for the comment

sydthebeat

I'm not quite sure that's a workable clause.

What can they do if you break it?

Metric Tensor

As pointed out abive it's important to know the difference between an objection and an observation - the chancer who wrote that clause clearly doesn't!

selfbuild17

sydthebeat wrote: »

I'm not quite sure that's a workable clause.

What can they do if you break it?

I’d imagine that they could sue for breach of contract