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Hi there, Firstly I just want to say thanks In advance for taking time to read this and I appreciate any advice and feedback you can give me. Basic outline is: I own a corner plot house (number 5) with a large area of land to the side, front and back. I have successfully applied for and been granted full outline planning permission to build a new dwelling on the side of our current home. Just recently I sectioned off the land (where new plot will be - 5A) so it is inuncumbered. Whilst in the process of the TP1, the Solicitors informed me that there are restrictive covenants stated in the original title deeds dating back to 1988 which are enforceable by my local authority (the same local authority that approved the full planning permission) The restrictive covenants in question: I’ll upload the page below. States no other building or vehicle can be built or placed upon the land unless prior written approval off the local authority. My question is, does the planning permission supersede the original deeds given that beneficiary is the local authority and I have gained written approval by getting the planning permission approved by the local authority. I did look into getting an indemnity insurance policy via my solicitors who were dealing with the TP1 but the indem provider wanted me to provide: Copies of any objection letters, received by the local authority at the planning stage, for our consideration. If no objection letters were received, please confirm that a specific check has been made direct with the local authority to confirm that this was the case. There were no objections at the planning stage. I checked on the planing portal and it showed no objections or comments but they wanted a report from the local planning officer. I was thinking of contacting the local planning authority via email to ask but in doing so I was worried that me getting back In touch with them 18 months after the PP was approved, I’m at risk of raising a red flag and not being able to get the policy as I’ve contacted the beneficiary in question? Hope you can see my predicament and my worries here. Also, the indemnity policy in question covers the value of project rebuild at £310k, the policy itself is £695 and the first £20k of any claim is payable by myself. I just wanted to see what your take on the matter is and if you can offer any advice that would help me move forward with the project. Is there a way to get what the indem policy providers wants without raising any flags? Do I actually need to get a indem policy or should I not worry about it? Also to note, I live in a close and most other houses in the close have placed driveways on the their front gardens and have added porch’s, side/back extensions etc which I assume would have binded their restrictive covenants also. I’m sorting a self build mortgage at present to build the house in 5A, Do you know if the self build mortgage provider will also want an indemnity policy to cover this? Ps - This will be my first development so this is all new to me and I’m learning as I go. I wanted to get this sorted before I commence with the project as I was worried it could all go wrong or I’d struggle to sell in the future having binded the covenants? The solicitors have informed me I might struggle to sell to a new potential buyer if I cant get the policy, but it’s not so easy to get the policy without risking alerting them of the covenants I’m about to bind! I’m in a such a pickle! I can’t complete the TP1 until this is sorted which In turn is holding up my remortgage. Sorry for the long message and many thanks in advance if you help me. Thanks.

Hi again all, after not sorting out my section 50 to mole a pipe under my road for too long, I have finally printed off the application form, all seems pretty straightforward except they are asking for a "certificate of title" , which looks to me like it needs to be signed by a solicitor. does anyone know roughly how much this would cost? and does it have to be the same firm that we used when I bought the barn off of my father?? TIA Ed http://www.essexhighways.org/Transport-and-Roads/Applications/For-contractors/Section-50-Street-Works-Licences.aspx http://www.essexhighways.org/uploads/files/form-2.pdf