Guidance on how to word a legally binding document

[LovelyLoz]

Hi,
We are hoping someone could point us in the right direction regarding the wording of a document between ourselves and the developers who are going to be building on a piece of land adjacent to our home.
They are placing 3 units next door which we have objected to previously and their plans have had to be amended a few times already due to overlooking, breaching 45 degree rule & outlook etc
However, the latest set of plans is the best one so far & although it does still fail local planning permission as minimum separation distances between habitable room windows in not being met we have come up with a compromise to aid the plans being approved by our local authority etc.
We are the only property impacted by the development so if we agree unlikely to be any other objections put forward.
This is where we need help.
We are willing for the developers to replace 3 of our side elevation bedroom windows with acid etched (frosted) glass to stop overlooking into the new development buildings at the builders expense and they have also offered to replace our existing patio & side pathway with new slabs (approx £24 - £30 per m2 & the area will be just under 60m2) and complete all of the relevant groundwork, lay new patio, seal etc etc for a minimal cost of £1,000 and they will pay for the remainder out of their budget for the development so long as we do not put forward any objections to the local authority.
Therefore, we need advice on how to word a document for them to sign which would be legally binding should they later decide to change their minds. 
Do we need it on company letter headed paper, do both partners need to sign the letter etc etc
Is there anyone that can offer us some advice?
Thank you so much for your time, it is greatly appreciated.

[Kelvin]

A few hundred pounds at most and a solicitor will do it for you. It would then be a notarised legal document signed by you and the developer. One important thing is timescales when you want it done by. I’d have a date in the document. Otherwise they might leave it until the very end of the development. Also a legal document shows intent rather than something you’ve knocked together yourself. 

Edited April 11 by Kelvin

[markc]

+1 

[LovelyLoz]

We unfortunately only have until next Weds to forward objections so I need in place prior to then but I will ring a couple of local solicitors now. Thank you for your advice 

[IanR]

Don't be rushed, put the onus on the builder to put the legal document in place at their cost, and to cover your legal costs.

It can't be done in the timeframe of the current planning app so either suggest to them them to withdraw their application and resubmit when everything is agreed, or continue with your objection until the agreement is in place.

[Kelvin]

The danger is it just gets passed anyway and you get nothing out of it. The development is going to happen one way or another. While Ian is right about not being rushed don’t slow walk it either. The sooner they start the sooner it will be finished. After all you’ll be living next to a building site for a long time. 

[LovelyLoz]

I am awaiting callbacks from 2 x local solicitors 

Thank you for your advice everyone 

[torre]

2 hours ago, LovelyLoz said:

their plans have had to be amended a few times already due to overlooking, breaching 45 degree rule & outlook etc

 

Sounds like a good deal for the developer then, to get over some hurdles - will they at least also cover your legal expenses? Are they also going to insist on a covenant to prevent you switching windows back to plain glass? (I'm not 100% clear if the problem is you'll overlook the neighbour, vice-versa or both)

 

Legals aside, have you considered how this deal might affect any future buyer if you ever come to sell? It sounds like you're losing being able to see out of three bedroom windows (presumably others still have a clear outlook?) in return for a discounted patio (say 2-3k saving)? That's not a lot if it puts off future buyer.

 

It sounds like the developer is pretty keen that you don't object - unless there's other sums involved I wouldn't be too swayed by the discounted patio for something that affects your future enjoyment or price if you sell.

 

[Mr Punter]

There is just no way you should agree to have obscured glass installed in your house to protect the amenity of their development.  It may really impact on the value of your property.

Edited April 11 by Mr Punter

[Moonshine]

3 minutes ago, Mr Punter said:

There is just no way you should agree to have obscured glass installed in your house to protect the amenity of their development.  It may really impact on the value of your property.

+1  why put your self out unless there is a significant benefit for you.

[Redbeard]

3 hours ago, LovelyLoz said:

However, the latest set of plans is the best one so far & although it does still fail local planning permission as minimum separation distances between habitable room windows in not being met we have come up with a compromise to aid the plans being approved by our local authority etc.

Agree with the comments above. I am sure there's more to the process so far than I read, but it sounds like *you* have come up with a compromise so that *they* can get PP. Not sure where the 'balance of power' is there, and agree with others that you should at least look at the issue of future sale now, before development, whatever the 'inducements', even if your ultimate conclusion that it will sell with no probs.

 

It sound like not a fun position to be in - literally - and I wish you luck with the outcome.

[bassanclan]

Solicitor at their cost.

Put your objection in, with a caveat saying it will be removed if the developer can agree a legally binding undertaking

[LovelyLoz]

Thank you all so much for your responses 

We do have windows on other elevations so both rooms will still have outlook etc 

The bungalows not overlook us in anyway other than those 3 side bedroom windows & it is then more an issue of us overlooking them.

The obscured glass will still allow light to come into our rooms but without us having to look into anyone’s lounge or garden space etc.

The land looks an eyesore currently so we welcome the development if our children are not able to look into someone’s bedroom/lounge/garden etc 

The new patio will be around 60m2 so it is a large expense if we wanted to do ourselves at a later date.

I will take on board all of your comments though & speak to my husband again tonight before we make any final decision.

Once again thank you for taking time to help x 

[Haylingbilly]

I would get them to document the offer and as long as it is clear, is completely in line with what you have agreed, and not full of weasel words (ie a bunch of provisos) and signed, then I would go with it. This is a clear agreement from them, and I doubt it would be worth fighting it in court if they reneged anyway.

[SteamyTea]

In Latin.

[Omnibuswoman]

4 hours ago, SteamyTea said:

In Latin.

De bene esse 

[andyscotland]

Bear in mind that once they get planning, they have planning, and can build regardless of whether they honour your agreement.

 

A legally binding agreement is only useful if you trust them to honour it, or have the means and determination to force them to through the courts if they decide not to.

 

And even then only if the developer doesn't disappear/go bust first - are they a big established firm?

 

So I'd think carefully about what you want here.

 

If you're actually OK with the development but this is a nice opportunity to extract some benefit while you can, then perhaps accept the risk it might not happen. In that case not worth spending money/time on solicitors. Just get the developers to document the offer - including dates - in plain English on their company paper and get it signed. That's still "legally binding".

 

If it's more important to you, then you need a contract where the penalties for them not complying are definitely big enough to make it worth suing. Otherwise if it's just an agreement to do a few £k of work for £1k, you may later find it's not worth the legal fees & risk to try to force them to deliver.

 

For that I think you do need input from a solicitor working for you, not them, although you should ask the developer to cover the cost (ideally upfront).

[LovelyLoz]

Great advice thank you x 

[DreamingTheBuild]

My opinion on this is the 'agreement' would be useless as regards planning approval, as unless there is a planning condition on your house regarding these windows it would not be enforceable. 

 

Widening the situation out the reality is planning officers will base their decision entirely on the existing windows and outlook, so you not objecting will have no impact on their assessment or decision. Obviously they are very alert to situations where a developer and neighbour might be working in tandem. So it won't affect anything in terms of the decision but perhaps the developer is just trying to pacify you and make the build easier.

 

Have others objected??? Perhaps the developer is very keen on their not being too many objections so that the application goes to committee.

 

If this is what you want by all means get an agreement, however in my opinion it will have no bearing on the planning decision. It is only one opinion though, I am just thinking about if you spend money on this agreement and the application gets a refusal.

 

The crux of whether it is refused or passed might come down to whether these windows are in habitable or non habitable rooms.

 

 

Edited April 12 by DreamingTheBuild

[DreamingTheBuild]

On 11/04/2024 at 08:18, LovelyLoz said:

However, the latest set of plans is the best one so far & although it does still fail local planning permission as minimum separation distances between habitable room windows in not being met we have come up with a compromise to aid the plans being approved by our local authority etc.

 

Just round the corner from me a guy bought a closed down care home for £500K and put in for planning for a house only for it to fail on the minimum seperation rule on the house opposite (it is on a very narrow road so it wasn't so obvious at first glance). I'm sure he would gladly pay £100K for the guys opposite to acid etch their windows it that got over the minimum seperation issue! I mean if it is just these windows blocking the developers approval you would be sitting on a goldmine and be looking at a massive sum.

 

But something tells me planning does not work like this...

 

 

[Kelvin]

10 minutes ago, DreamingTheBuild said:

 

.

 

But something tells me planning does not work like this...

 

 

This is the key point. Could the op’s objection realistically stop the development. If yes then don’t make it easy for them. If no then you end up with the development and no benefit. 

[DreamingTheBuild]

My understanding of it is they look entirely at the buildings themselves, objections or no objections. The rules are very clear about minimum seperation distances.

 

All I know is the guy round the corner from me has not found a solution yet, the building he bought is empty and rotting three years later.

 

What is interesting about the OP's house is it could possibly be remodelled and it's possible the OP is holding significant cards as to the development being passed. Probably the remodelling would need planning permission though.

 

It does sound on the face of it that the developer is attempting to take advantage of the OP.

Edited April 12 by DreamingTheBuild

[mr rusty]

The cost of a solicitor to try (an IMHO not succeed) in making this a legal condition of planning is most likely more than the cost of new DGU with frosted glass. It won't happen as the OP expects because if planners started to issue PP on the basis of the presence of 3rd party agreements a whole can of worms would be opened. Planning stands or falls on it's own rules

[Kelvin]

1 hour ago, mr rusty said:

The cost of a solicitor to try (an IMHO not succeed) in making this a legal condition of planning is most likely more than the cost of new DGU with frosted glass. It won't happen as the OP expects because if planners started to issue PP on the basis of the presence of 3rd party agreements a whole can of worms would be opened. Planning stands or falls on it's own rules

Completely agree. There’s is an element of trust here that the builder will comply with the agreement you’ve made. A solicitor’s letter will show intent so worth doing for a few hundred quid not worth it if it’s going to cost more than that. 
 

The big question to ask yourself is what’s your feeling that the building company are stand up people that will follow through. As I’ve already said get it done right at the start. If you leave it they’ll prioritise the building works over you. Our previous house was a barn conversion and one of 8. We were first in so the building company was on-site for several months finishing the other houses. We had a long defects list. We made a point of getting to know the site foreman and got on well with him. Consequently we got 90% of the defects resolved just by dealing with him but crucially while they were all still there. The actual process was to go through the office and get every defect signed off which generally was a painful process.