I hope you can help me and some 22 other owners of chalets on Bovisand Parks.
We all applied and were successful in obtaining planning permission for holiday only use for the twelve months of the year, rather than the ten months previously allowed.
Up until that point we had received a Class G rebate. If at the point of receiving Planning Consent we could have received the removal of the Closed Period restriction we would have happily forgone the rebate. But it was discovered only recently the although giving us Planning Permission South Hams Council on selling the land and chalets to Bovisand Park Ltd had put a restrictive covenant on the Title Deed.
The Covenant states:
Not to allow any chalets or bungalows to be used for overnight accommodation in the period 6 January to 1 March inclusive in any year (save for up to two wardens chalets subject to the Transferee first having obtained planning consent permitting the occupation of the relevant chalets as wardens accommodation during this period.
So in effect we still are unable to occupy our properties overnight during the Closed Period.I assumed the removal of the rebate was an oversight and contacted the Council, their reply was.;
From a planning perspective the Council has agreed that year round holiday occupancy is generally acceptable. As the planning process is based on national legislation, the previous planning restrictions restricting occupation of the chalets to certain times of the year enabled council tax relief to be granted.
While the planning constraints have been relaxed for a number of the chalets, the land ownership controls between Bovisand Park and the Council remains in place. The covenant relates to land owning interests and this is not specifically governed by an act of parliament. Therefore the Council does not appear to have any discretion to determine whether council tax discounts can be offered.
I understand your concerns about the loss of the council tax discount and the apparent difference between the planning position and the private land interests, but I hope that this response clarifies the Council’s corporate position. However, if you are dissatisfied with my understanding of the situation, I can only suggest that you seek independent legal advice on how best that you address the concerns you raise.
I have always understood that the legislation regarding rebates was discretionary.
Surely the law regarding enforcement of a covenant is governed by an act of parliament.
I would be grateful for your advice on these matters.
Des Glover

Optional Information:
Province/Country relating to question : South Hams, DEvon

Already Tried:
Writing to the Council Director pointing out the unfairness of his decision. Writing to Eric Pickles, no reply as yet. Contacting Land registry regarding the legal basis of enforcing covenants and did it spring from Parliament,they do not discuss such matters. Spoke to Local Authorities Ombudsman, have no juristiction of issues of rebates.Contacted Which Legal, not covered in their remit.