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We also will soon have a crowd funding donation section to create much needed further precedent , so that the people once more restore Democracy and weight of Property Law.
Devine Case nor Wrotham Park is enough to deter Industry now emboldened by Planning Dept. overreach. So confident that the UT and section 84 path is being sidelined in favour of huge Legal Costs placed onto Beneficiaries looking to enforce Legal rights and Benefits. It is noted that the due process invites the Burdened to pay to remove or modifty restriction and that Industry will not tolerate a 13 month leadtime to decision. This COST is then shifted onto the Beneficiary of no buisiness use Covenant restrictions by simple evasion of the UT.
We must now work together :
http://www.covenantenforcement.co.uk/
we ONLY advocate for No Business Use Covenant Beneficiaries
ConvenantEnforcement@ibbi.co.uk
See our Member Services options. Once a service is obtained the Beneficiary becomes a Member
ConvenantEnforcement@ibbi.co.uk
You can reach our customer support team by emailing covenant@ibbi.co.uk, or using the website contact form. Our dedicated team is available 24/7 to assist with any inquiries or issues.
We’re committed to providing prompt and effective solutions to ensure equality of arms.
We now believe every No Business Use C3 Covenant needs to be Modified by Freeholder clusters to include Exclusion of for profit C2 Use class and C4 HMO to ensure approach to UT is restored, to seek modification to over come / nullify a No Business Use Covenant as per Section 84.
The UT has stated that all Covenant holders are susceptible to modification under Section 84 and from this latest case Industry is so confident it to can now bypass Section 84 altogether. Placing the Beneficiary in Legal no man's land and at risk of shift left costs. Devine and Wrotham Park hold no fear now so a new Case is required to force Industry to adhere to process rather than just risk assess away the UT Jurisdiction.
So a new reinforced Author intention of Restriction is now required. This product is coming soon. This is the Covenant Boost product.
As quite simply all Residential Amenity is now susceptible to C2 /C4 housing as C4 could easily be the next outsourcing to the private sector (to HMO instead of Social Housing) into the Community. All done by Certificate of Lawful Use where objection is not allowed nor weighed. Permitted Development (Certificate) bypasses Democratic oversight. The LGO has supported Planning , that relationship to land is not a factor of weight in any application for a Certificate of Lawful Use and that false information in this area on applications is not enforceable should the Council decide to ignore Govt. guidance on Applications for Certificates.
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
https://www.bbc.co.uk/news/articles/c4g0pp3mz1wo