Bought flat in London < 7yo Planning permission not followed?

[MovingScot]

Hi all,



I recently bought a flat in London. It's not a new flat, but the development is less than 7yrs old.

It was advertised without a garden, just has a big window on the side that opens up into the communal space of the development. (very wide pavement, leading to some parking spaces furtheron)

Always thought it was odd, but still. It's screened off a bit, and gives all the privacy I need.

Having come across the planning documents of the development online, I noticed that on the drawings used when approving the building, there is a garden adjoining what is now my flat. The planning statement itself, too, references this garden as belonging to the flat, and even references it being slightly smaller than required, but deemed adequate. (The council has minimum requirements for 'private amenity space', these requirements are specifically mentioned in the document)

So here's the question: I knew when I bought the flat that there was no garden. But, in line with with planning approval, should there be? And what are the options I have in this regard? As I didn't buy the 'garden', would I have any claim to it if it is deemed it should indeed be there?

Bit of a long opening post, I know... all help greatly appreciated!

 

[onq]

MovingScot,

This is an Irish Forum about Irish Planning matters.
There may be several posters here with experience of English Law.
It would be useful to bear this in mind when reviewing any responses.

As a layperson reviewing planning documents, did you take professional advice from an experienced architect?
Given that commercial developments can morph through several changes during further information requests or sequential permissions or amendment permission, are you certain that the drawing you reviewed is the final, relevant drawing for your part of the development?
You could make a case if so - centring on your suggestion that your dwelling should have its own bit of private open space.

That having been said, you got what you bought.
You may want to refer this to planning enforcement.
A referral would be free here, I don't know about England.

I'll also note this point for you to raise with your local owners management committee.
The biggest headache in any such development is management of the open spaces.
You may find a previous owner partook in a decision of a management committee to transfer all private open space to their ownership for insurance and maintenance reasons.

ONQ.


[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.