Beneficiary SOS
No Business Use Property Covenants versus C2/C3 Care Business Operations that ignore the UT and Section 84 and just open as C3 next door - Legal restriction Contract breach (plus section 65 (6) Offence of the TCPA 1990) allowed and encouraged by Your Govt. (England) Directives , Council and Ofsted -
And so now the Commercial property is introduced into your residential area by a Govt. initiated Council Certificate (planning and notice engineered away by Permitted Development - indeed entirely in Lichfield) allied to evasion of the Upper Tribunal in the Burns case and gains the Private Care Home or the Landlord a huge property asset boost at your Amenity / nuisance expense and massive Diminution-
YOUR HOME ASSET DROPS IN VALUE , YOU CAN MOVE DIRECTLY TO NEGATIVE EQUITY AND RICS RED BOOK REPORTS COST YOU AT LEAST £3000 TO PROVE IT. RICS Surveyors also sit on the UT so will the profession allow that Red Book truth to out in Diminution reports ?
This is simply an attack on the Demos and their legal property Rights where a Lawful restriction exists. Yet the lower Court is sadly found through experience to be a serious procedural friction and barrier to enforcement rights, thus allowing a Govt. planning Directive to demolish the 1925 Property Law for Authority Corporate partners.
The Upper Tribunal evasion-
As in the Burns case if the UT is tactically evaded and that RICS expert on the panel therefore stood down along with the RICS expert of Beneficiaries that suffer the diminution - Multiple RICS Surveyors maybe pitted against each other (even Estate Agents know the diminution impact) , yet we fear some Surveyors will charge fees to produce Red Book reports that show no loss of value to neighbour homes from the Business Operation and nuisance created next door. It has been massive in the Burns case.
Estate Agents know full well your property devalues due to Police visits , Employees , Visitors and Parking. So we log it.
So come to the Enforcers first not Legal teams or experts that back either side! - let us guide you to trusted Legal professionals once we assess your case from the point of view of the Benficiaries protected by Covenant.
Section 106 and the Local Plan Scam
Councils could have had C2 accommodated in millions of new Developments homes under Section 106 Agreements in the last 10 years. But hapless Govt. and its planning agents chose instead to attack property Law and wider community Covenant restrictions on dwellinghouse whilst ignoring no buinsess use. Impacting amenity and values through permitted development. All engineered to sideline Property Law- knowing it is expensive to uphold and difficult to enforce in the Civil Courts.
All of this in a massive cost of living crisis - shame on all those that are party to this attack by policy omission.
FOR PROFIT CARE HOMES DO NOT PAY COUNCIL TAX OR RATES AND SO PUSH UP YOUR COUNCIL TAX BILL.
CPI INFLATION DOES NOT INCLUDE COUNCIL TAX RISES - DO YOU THINK WE HAVE AN HONEST PARLIAMENT ? (It introduced CPI IN 2010) - It is a low ball US\EU Harmonisation Economic Metric not a measure of Inflation - Even the ONS report CPIH first - this will be renamed RPI by 2030 - CPIH marginally better also pulse low balls Inflation due to the weighting of Energy chosen as displacement for Housing\ Council Tax inclusion). When Energy price rockets it acts as a damper on CPIH. They do all this on purpose , mainly for income and inflation suppression but it has also lost hundreds of billions in income tax take since 2010, if pay had not been suppressed. That leads to the tax rises you see all around.
When are we going to introduce our once trusted experts to integrity ?
Every LICHFIELD Council C3 no material change COLU is cynical as they do not publish them and this leads to homes opening and placement prior to any possible covenant enforcement. Develop now fait accompli is engineered. This rules out quia timet and also post opening Injunction options instantly as the Court will not weigh this cynical action over Public Interest of placed children. When this happens the Court go to ALTERNATIVE - Negotiated damages - these should be the maximum possible as it is the Court alternative to Injunction in fait accompli Public Interest cases even where manufactured (by Govt.). You first need to overcome intense procedural examination before the substance is even looked at. Blatant tactical breach of Contract has discretionary institutional protection layers against enforcement. The dimuned Demos property owners are right to get very angry. In a Just world the Burns case would have seen a Judge and a KC live on the Estate where a tactical breach takes place. Each holding a scheme wide Benefit. The pleb should not be the one suffering.
Kirklees simply disregard Section 65 of the TCPA 1990- Oxymoron - The unlawful COLU is born.
When you have vested interest partner suppliers Section 193 of the TCPA becomes very discretionary (pointless and selective use Law)
You will need people of this knowledge and calibre to right these wrongs through the Courts (the problem as always is the KC profession working both sides - what we call the Schrodingers Barrister that has two outocmes they will argue in any dispute)
https://www.youtube.com/watch?v=y2rwzXm7aeE
The Issues
Protecting Your Property Rights: Understanding Covenants vs. Business Operations
The Challenge Homeowners Face
Many homeowners are unaware that property covenants can be undermined by complex planning mechanisms. If you suspect your property covenants are at risk, it is advisable to consult specialists in covenant enforcement rather than relying solely on legal representation, where conflicts of interest may arise.
Current Planning Strategies Affecting Residential Properties
Local authorities are increasingly employing certification methods to allow commercial activities on residential properties, often while retaining the original C3 classification. These methods can circumvent the usual review processes and potentially conflict with established property covenants. Common approaches include:
- Full C2 Planning Applications
Seeks a formal change of use from C3 to C2. This process involves public consultation but does not override any existing covenants prohibiting business use. - C2 Certificate of Lawful Use
Permits commercial operations while technically preserving the C3 classification. Often claims “no material change” despite tangible impacts, such as increased traffic or parking concerns. These certificates can reduce or remove public consultation and do not override any “no business use” covenant already in place. - Hidden C2 Certificates
Some councils (such as Lichfield) have policies where C2 Certificate Applications are not published on planning portals. This approach limits public awareness and the opportunity to object.
Similar Issues with C4 Certificates (Small HMOs)
Certificates for small Houses in Multiple Occupation (3–6 unrelated adults, known as C4 use) can similarly bypass the usual level of scrutiny and potentially violate valid covenants.
Taking Action to Protect Your Property Rights
If your neighbourhood is affected by commercial activity that appears to violate existing covenants, consider the following:
Know Your Rights
- Covenants established under the 1925 Law of Property Act remain enforceable unless formally modified.
- Commercial entities must either respect existing covenants or initiate legal processes to modify or remove them.
- Lack of objection from neighbours can sometimes be interpreted as consent to disregard covenant restrictions.
Recommended Actions
- Issue formal legal notice to businesses operating in violation of covenants.
- Require that they address existing restrictions through the Land Registry Tribunal.
- Document all communications and covenant breaches.
- Consider potential property devaluation—sometimes up to £250,000 in an example where 5 detached homes are impacted—when assessing damages. RICS survey required.
- Document Damage to health caused by the tactical breach
- Log and document all police visits (report to Authority)
- Log and document all Parking nuisance (report to Authority)
- Where a Planning Application contains false information - consider reporting to the Police if Authority and LGO whitewash the Offence
How We Can Help
We provide specialized services to guide you through this complex process:
- Automated tracking of C2 planning applications across England.
- Expert guidance on covenant enforcement issues.
- Templates for legal proceedings, especially for those representing themselves.
- Clear flowcharts outlining correct procedural steps.
- Strategies to counter common legal tactics aimed at dismissing legitimate covenant claims.
The Bigger Picture
These developments reflect a broader trend among local councils who, rather than directing C2 operations into new builds through Section 106 agreements, are allowing commercial conversions within established residential areas. This practice can undermine the protective framework provided by longstanding covenants and disturb the integrity of residential neighbourhoods.
Contact Us
If you suspect a “no business use” covenant on your property is being overlooked or is at risk, contact us. From reviewing the exact wording of your covenants to navigating each legal step, our team offers a professional, informed approach to safeguarding your property rights.
Additional Services Coming Soon: Protection strategies for residential areas facing C4 (small HMO) conversions and larger multi-occupancy changes. These issues can significantly impact property values, mortgage eligibility, and overall neighbourhood character.
Support for Beneficiaries
Thin end of the wedge ?
Use Class C4 (small HMO)
- A property with three to six unrelated people who share basic amenities
- May be eligible for limited permitted development rights to change use without a full planning application
- You can check the Planning Portal website for more information about permitted development rights
Sui Generis (large HMO)
- A property with seven or more people sharing
- Does not benefit from permitted development rights
- Requires full planning permission to change use
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Strategy and Enforcement Assistance
From documenting violations to handling strategy processes, we take care of the details so your community can confidently uphold its rights prior to and up to the Legal Action stage.
We promote Big Brother Watch , Together and the FSU Civil Liberty fightback organisations
Preserving Property Values and halting C2 Value uplift at your Beneficiary expense
The Public gave no mandate to privatise vulnerable Children's Care in England. Outsourcing children to private sector means two things. Children come second to profit considerations and Council tax goes up as these 5000 C2 Commercial premises are excluded from Council Tax and Rates.
YOU PAY IN YOUR COUNCIL TAX TWICE FOR C2 PROFIT BUSINESS up to ££43000 per child per annum. Up to £5000 cost per week per child placed with the CMA saying they are powerless to curb profiteering from vulnerable children. This is because the supplier is a pseudo cartel supply where provision capacity can be lost if price controls are used. The same as what has happened in the private rent sector. Govt. placing a gun to their own head by not understanding PFI for short term financial relief ,they bring untold long term financial extra costs and are locking tax payer in.
By addressing violations swiftly and effectively, we help maintain property values and protect the character and appeal (Amenity) of your neighborhood. Parking problems at C2 Employee shift change is the prime reason material change always happens even though permitted development is now in widespread use , the Certificate of Lawful use pathway used to bypass local Democratic representatives and objectionable planning. 'Backing the Beneficiaries not the Law Breakers'.
Councils could have put C2 Development in section 106 new builds social housing springing up all over England. Instead anyone can apply to gain C2 in any home anywhere in England. Tenant Care Homes and Terrace homes are now gaining C2 no material change Planning certificates. Ofsted are registering even these to make them Legal in all except property law terms where no business use restriction exits. Ofsted have no Covenant Policy - just blog warnings all unheeded and so the problem is dumped onto existing residents.
We fear C4 Use Class is next and the Council is that bad it would put them next to C2.