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Permission of Freeholder - Advice needed

Discussion in 'General Discussion' started by fred_easey, 19 Oct 2009.

  1. fred_easey


    Joined: 11 Nov 2003

    Posts: 860

    Location: South London


    My wife and I moved house back end of last year and we're trying to get some pretty major renovation work carried out. The property we live in is a leasehold where the Council own the freehold. We've hit a bit of a stumbling block trying to get permission to move the kitchen from the top floor down to the bottom floor, basically the council is refusing to give freeholder's consent to move the kitchen, as they reckon that there could be a risk of flooding the downstairs neighbour and also noise pollution from the appliances etc.

    Our architect has been arguing our case over email (basically the angle he is coming from is that if we put in some heavy duty sound proofing and flood protection, then there should be no issues with noise pollution or flooding), however the council are being pretty unreasonable and are simply flatly refusing to even have a discussion on the matter.

    Looks like we might have to go to appeal, which is not ideal as we originally wanted to try and get all the works done by xmas (looking very unlikely now :( ). Has anyone else ever had any dealings like this with the council? Any advice on how we can try and get this sorted out?

    Any advice would be much appreciated,


  2. gjrc


    Joined: 18 Oct 2002

    Posts: 6,830

    Location: London

    buy in the FH?

    they must have reasonable grounds to withhold consent.

    check the terms of your LH agreement.
  3. fred_easey


    Joined: 11 Nov 2003

    Posts: 860

    Location: South London

    Yeah well that's exactly what our architect said, eg they must have "reasonable grounds", when in fact they are refusing to give a proper reason.

    Originally they refused on the grounds of noise pollution and flood risk, we've offered to foot the cost to have really beefed up sound proofing and flood protection, but they are still refusing. I'm pretty sure that their stance can be considered "unreasonable" as they are not refusing based on quantifiable criteria (eg noise pollution must be kept below x db , xyx flood protection must be in place).

    Looks like we'll have to get the lawyers involved then... :(
  4. mejinks


    Joined: 28 Oct 2002

    Posts: 4,996

    Location: Port Toilet

    Good luck dealing with councils. On the whole, they are petty minded jobsworth hitlers.