Changes to Development Plan

kenwood33 · 16 January 2007 at 8:33PM

In October last year we bought a New House off plan. Two weeks ago we found out that the developers were about to change the design and construction of the 5 remaining houses to finish the site. We have since found out that a planning application has gone in to this effect, can we object to this as we bought off plan (the original plan) and we believed that nothing would change. Have we any grounds for compensation if this new plan submitted goes ahead? also can anyone tell us how many people need to onject to a planning application for it to be refused please.

terrierlady · 16 January 2007 at 8:58PM

was there not a disclaimer on the bottom of the site plan? why the problem, will it effect the value of your?

kenwood33 · 16 January 2007 at 11:55PM

To answer your question, yes there was a disclaimer in very very small print on the back of the Brochure. The problem is would you want a block of flats outside your back door facing your garage? the sale of our house is not the issue here, the fact of the matter is that we now have flats apparently going to be erected, providing the plans go through of course instead of 2 bungalows, now what would you prefer? flats versus bungalows? we also have a brilliant outlook over fields which will change if flats are erected and yes we know that this does not constitute a reason for objection but again it all boils down to what would you like to see? Flats or fields? come on lets be honest here.

Debt_Free_Chick · 17 January 2007 at 8:45AM

kenwood33 wrote:

can we object to this as we bought off plan (the original plan) and we believed that nothing would change.

Anyone can object, but the planning officers are not concerned with commercial issues. If you object on the basis that you bought/reserved a property and the developers have now changed some matters, then the planning officers will simply ignore your objection.

Have we any grounds for compensation if this new plan submitted goes ahead?

Extremely unlikely.

also can anyone tell us how many people need to onject to a planning application for it to be refused please.

It doesn't matter how many object - the objections have to be valid on planning grounds. If the revised development meets the planning regulations, then the developer will get permission.

Although anyone can comment/object to a planning application, quite frankly, it's a waste of time. Either the development "ticks all the right boxes" - in which case it will be approved - or it doesn't - then permission is refused. A local farm here put in an application to convert the buildings to a business unit. There were 45 objections from local residents, but permission was given as it was a good use of existing buildings, which were effectively derelict.

However, your objection is a "personal" one and is based on the deal you originally had with the developer. The planning regulations do not consider such matters, so any objections on this basis would effectively be invalid.

lynzpower · 17 January 2007 at 9:34AM

debt free chick

Would the OP have any recourse under other consumer legislation, such as the sale of goods act or anything like that

Debt_Free_Chick · 17 January 2007 at 10:30AM

lynzpower wrote:

debt free chick

Would the OP have any recourse under other consumer legislation, such as the sale of goods act or anything like that

Hello Lynzpower :hello:

I'm fairly sure that all the consumer legislation specifically excludes property purchases. Property purchase is governed by the contract and it's not clear from the OP whether contracts have been exchanged or not.

Also - I'm not sure what the problem is. The first post suggests that the house he bought is being changed but then post #3 refers to neighbouring properties being flats rather than bungalows

When buying off-plan there is often a disclaimer stating that the final design/finish could be different and that - in effect - you are inspecting an "artist's impression" of what the development might look like.

But irrespective of the property you buy (whether new build, off-plan, existing etc), there is always a danger that a planning application can go in for development on your doorstep. Perhaps the OP has an opportunity to pull out and not lose too much money

kenwood33 · 17 January 2007 at 8:30PM

Thank you to all of you that have replied to my post. Well next week I shall be going along to the Planning Commitee meeting in our local town where I shall of course look at the plans with my husband. Unfortunately we have already bought our house which we are delighted with and it is on a very nice development indeed with very few homes on it. The bungalows would have been lovely but these bumgalows are not going to be built because the plans are in for a block of 8 flats, sadly I think you are all right I don't have a leg to stand on.

anotherbigspender · 17 January 2007 at 11:30PM

Debt_Free_Chick wrote:

Anyone can object, but the planning officers are not concerned with commercial issues. If you object on the basis that you bought/reserved a property and the developers have now changed some matters, then the planning officers will simply ignore your objection.

Extremely unlikely.

It doesn't matter how many object - the objections have to be valid on planning grounds. If the revised development meets the planning regulations, then the developer will get permission.

Although anyone can comment/object to a planning application, quite frankly, it's a waste of time. Either the development "ticks all the right boxes" - in which case it will be approved - or it doesn't - then permission is refused. A local farm here put in an application to convert the buildings to a business unit. There were 45 objections from local residents, but permission was given as it was a good use of existing buildings, which were effectively derelict.

However, your objection is a "personal" one and is based on the deal you originally had with the developer. The planning regulations do not consider such matters, so any objections on this basis would effectively be invalid.

What she said :eek:

silvercar · 17 January 2007 at 11:46PM

you could try and object on insufficient parking grounds. 8 flats should be allocated with a lot more parking provision than 2 bungalows.

clutton_2 · 18 January 2007 at 2:15AM

there was a successful prosecution of a developer in Scotland last year, who grossly mis-described the potential properties he was offering for sale off-plan. i do not know iof any similar prosecutions in england.

oldandhappy · 18 January 2007 at 7:03AM

Surely if a developer has planning permission for say 5 houses that is not 3 houses and 2 blocks of flats...As I understand it you can only build what you have permission for...that is the whole point of our strict planning regulations. Otherwise there is no point in these regulations in the first place. Mrs Happy