These are civil matters which are not enforced by Waverley Borough Council or any other local government department and so you will need to seek advice from a solicitor or Citizen's Advice Waverley. These matters include:
A restrictive covenant is a private agreement between land owners where one party will restrict the use of its land in some way for the benefit of another's land. The enforcement of a restrictive covenant is a civil matter. They can only be enforced by the original contracting parties and against any successors in title. They are not a material planning consideration so cannot be considered when determining a planning application and are not enforceable by any public body.
Boundaries and boundary wall issues
Local Planning Authorities are only essentially concerned with the use and/or development of land and therefore the ownership of that land or the location of the boundaries is a minor matter in the determination of an application. We are allowed to take the plan submitted with an application as correct without the need to check with Land Registry because every applicant has to submit a Certificate of Ownership which is essentially a declaration of the ownership of the land outlined in red on the location plan. It is an offence to knowingly or recklessly sign the wrong certificate and if the owners of land adjacent to that boundary believe the ownership to have been misrepresented, it is for them to prove that that is the case. If sufficient information is provided to suggest that the declaration is inaccurate then we can invalidate the application provided it has not already been determined. The neighbours would then need to enter into a boundary negotiation and come to an agreement before the application is resubmitted with the correct certificate (declaration). If the application has already been determined before the boundary issue has been identified, then it is a private legal matter and is not something we as a planning authority can help with.
It is important to note that anyone can submit an application for planning permission on any piece of land. They do not need to be the owners of that land, merely to sign the correct certificate of ownership (declaration) at the time the application is submitted. It is worth noting however, that the granting of planning permission does not give the applicant of that permission the right to build on other peoples land without their consent, but again, this is a private legal matter and not something we are able to enforce against.
Issues arising through building works on or adjacent to a boundary and are dealt with through the Party Wall Act. This Act provides a framework for resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings. You will need to follow the guidance set out in the Part Wall Act in order to achieve a conclusion that is to your satisfaction.