Property development not declared on Sellers Property Information Form

straygoat

Hello all.

I hope someone out there can help. We've just bought a new property and have since found out that planning permission has been applied for on a large plot just 3 mins walk from our house - the planning application is for the plot to be made into a retail park. We didn't know anything about this when we bought the property and on the seller's PIF, they put NO for the question about being aware of developments nearby. Having spoken to a few other people and the council, this is not the first time planning permission has been applied for - it was granted 2 years ago and it seems that it is common knowledge that some retail outlets and small distribution centres were going to be there.

Now on to problem 2. During the buying process, we pointed out to our solicitor that the seller's hadn't signed the PIF. I stressed that this was a major issue for me as I suffer from incredibly bad stress when it comes to noise issues and did not want noisy neighbours etc. Prior to the sale completing, the solicitor sent me an email saying that she had been faxed a signed declaration that there had been no noise issues with neighbours etc. BUT what i'm worried about now is that the actual PIF form was never signed and so we've no comeback re: the development.

I have asked the solicitor for a copy of the signed PIF and am waiting for the council to get in touch tomorrow regarding the development - they will be able to tell me if homes were notified through the post etc.

What should I do in this situation? Does it look like I will need to sue both the solicitor and the sellers (if the PIF was indeed never signed before completion)? What if the council say they did not notify households directly?

Also, I'm a little concerned about reprisals if i sue the sellers - they still live in the area and have family here too. This could get very ugly I suspect.

Any advice much appreciated.

Thanks

googler

I would have looked at the local council's planning website to see all the planned and applied-for developments in the local area myself, rather than relying on the seller to tell me, I'm afraid.

straygoat

The planning was only re-applied for 10 days prior to the completion date - I'd looked at the council site originally, and there was nothing obvious. I'm pretty sure it is the seller's responsibility to declare these things (from a legal standpoint)?

princeofpounds

You need to find out if the property was mailed notification of the planning situation. If it was not, then there is a plausible case they were not aware.

Re the unsigned SPIF I suspect that won't matter too much at the end of the day, as they did complete and submit it. If not, then you might have a case against your lawyer so keep your records of communications re the lack of signature.

G_M

1)

they put NO for the question about being aware of developments nearby.

Doubtless they will claim in court that they were indeed not aware. Case dismissed.

2) If you sue the solicitor (difficult enough with a strong case), what loss have you suffered for which you seek compensation? Even if the solicitor had ensured the PIF was signed, you would have no case re the planning application as shown in 1) above.

she had been faxed a signed declaration that there had been no noise issues with neighbours etc.
Are you saying this is not true? You do not say. What evidence do you now have of a noise issue between the previous owner and the neighbours?

I'm afraid you should always rely on your own searches and investigations. Check Planning applications yourself. If noise is critical to you, hang around in the evening to see what street noise there is. Knock on neighbours' doors and ask.

G_M

straygoat wrote: »

The planning was only re-applied for 10 days prior to the completion date - I'd looked at the council site originally, and there was nothing obvious. I'm pretty sure it is the seller's responsibility to declare these things (from a legal standpoint)?

Re-applied 10 days before? So when did the Planning Dept send out letters inviting comment? 5 working days after that? Received 1 day before Completion? Opened by the vendors 2 days later?

And that assumes the vendor WAS sent a letter about the application.

And when did you Exchange? Had you already Exchanged by this point in which case it was too late to do anything anyway.

Sorry!

silvercar

straygoat wrote: »

The planning was only re-applied for 10 days prior to the completion date - I'd looked at the council site originally, and there was nothing obvious. I'm pretty sure it is the seller's responsibility to declare these things (from a legal standpoint)?

So at the time of completing the SIP the sellers were not aware.

mufi

princeofpounds wrote: »

You need to find out if the property was mailed notification of the planning situation. If it was not, then there is a plausible case they were not aware.

Even if the planning application was posted to the vendors, you would have to prove that they received and read it.

In the fairly recent case of Morgan v. Pooley, the judge accepted that details of a planning application had been posted to the vendors, but believed their statement that they had not received it. He also believed that they had not seen the usual public notices attached to telegraph poles et al.

These forms are probably not worth the paper they're written on - our daughter's vendor has written "no" on the part referring to possible plans for new roads in the vicinity; we know for a fact that there is a widely-publicised proposal for a major new bypass 450 yards from the property... can't prove the vendor knows, though.

evoke

Jeez. If the seller was unaware (to the best of his/her knowledge) about planning applications then that's that. Surely searches carried out by your conveyancer should have picked up the planning permission? Even so, it's not next to your house anyway - it's a few minutes walk away. It could have happened after you moved in. What would you do then?

Your best option is to buy a farm and live in a shed in the middle of one of the fields. LOL. But given your bad luck you'd probably get disturbed by ramblers walking through your field...

PasturesNew

3 minutes' walk is a heck of a long way. "developments near" I'd take to mean next door or across the road.

straygoat

But if i had known about it before, it would have put me off buying. The searches don't pick it up because it is not next door to the house - but it will have an effect on traffic and noise without doubt.