Class C3 Holiday Let restriction query?

[Adam Smith]

Good Afternoon,

I am looking at purchasing a property with the following planning permission restriction, my question would this restriction allow me to use this property as a second home holiday home for our family?

Notwithstanding Class C3 of the Schedule to the Town and Country (Use Classes) Order 1987 (as amended)(or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification), the accommodation hereby permitted shall be used to provide holiday accommodation only, which shall not be occupied as permanent, unrestricted accommodation or as a primary place of residence. An up to date register of names and main home addresses of all occupiers shall be maintained and shall be made available at all reasonable times to the Local Planning Authority.

On the HM Land Registry Transfer of part of registered title (TP1) it states the following which seems to contradict the planning permission? -

Restrictive covenants by the Transferee

The Transferee covenants with the Transferor and the owners and occupiers of the Retained Land, with the intention of binding the Property and each and every part of it and for the benefit of the Retained Land:

1. Not to use the Property other than a private residential dwelling in single occupation or for short-term holiday lettings;


Any advice would be very much appreciated.

Kindest regards
Adam

[Ian Walmsley]

They do seem to contradict each other! 

Planning is not usually concerned with covenants. 

However I think you are fine. 

The covenant, I think, is blocking the owner from letting the residence out to others. 

However I have not seen the full planning history or the title in full. There may be other elements that affect the use. 

If you are concerned, please book a Zoom session with myself via https://planninggeek.co.uk/book