Empty shop below flat being turned into pizza takeaway!!!

Bossyboots

I'd walk away too. Despite the encouragement you are getting about it not being easy to obtain change of use, my local shopping parade now contains a disproportionate number of take aways and restaurant. Seems there is no problem in my borough for changing to take away use so I wouldn't be prepared to take the risk or the hit later on when it comes to trying to sell.

[Deleted User]

I'd walk away too...

tigerminxy

Walk away. Even if the pizza place doesn't get permission this time round, you'll have to fight other battles later on down the line when other places apply for permission. You'll begin to resent your home as something that is a burden on you.

movieman

my local shopping parade now contains a disproportionate number of take aways and restaurant.

Same here. I doubt anyone else can afford the rents these days.

JBeau

Hi greektony

I have in the past owned a flat above a commercial premises. Not the best move I ever made. Personally I wouldn't touch it with a barge pole. Takeaways are one thing...if that goes wrong - what follows? Not only that problems with noise, smell, litter, rats, will drive you nuts. IMO properties like this one notoriously difficult to get rid of. Good luck

callmelinda

I think we're assuming the OP did use a solicitor - as far as I know, after you made your bid, the seller should have completed a seller's property info form which indicates several things such as "Notices" along the lines of:

"Have you either sent or received any letters or notices which affect your property or the or the neighbouring property in any way (for example, from or to neighbours, the council or government department)?"

Once completed, this is normally sent to your solicitor and then you'lll get on with doing searches once that's all clear. So, if the seller didn't indicate any issue and was untruthful, then you could look into that because I believe they are legally required to disclose everything truthfully. If they did disclose truthfully and the solicitor never pointed it out, that's why you'd have to take it up with them.

One way of trying to recoup your search fees is to get your solicitor to write to the seller's solicitor saying that you will not be continuing with the purchase because of the doubts as to the forthcoming or potential usage of the shop below.

Your solicitor can tell their solicitor that, as you have had searches done, that you would be willing to sell them on to the next person offering on the property. Obviously searches are only relevant for a certain period of time but your solicitor can do this on your behalf and potentially recoup some of the search fees.

hippy999

greektony wrote: »

ARGHHHHHHH. Right I am really pee'd off today. Basically, I have made an offer on a flat above an empty shop (maybe should have seen this coming) and had all the valuations and survey done. Had my mortgage agreement from the Abbey arrive today and noticed it stated it was above a takeaway. I started to get a little worried so had a look on google and yes, a planning application has been made by KDL Pizzas LTD !!!!

I have found a pdf online about it and it says that the last date for representations is the 7th March. Not sure exactly what this means but is there anyway I can try and stop this happening? I was told by the EA that the previous shop had been a video shop so I assumed the next shop could be anything but a restaurant/takeaway! I am really upset now as the flat itself is really really nice compared to anything else available on the market but now has this massive downer attached to it downstairs!

Does anyone have any suggestions as they would be greatly appreciated!

Sorry to hear of your situation, If you have only made an offer then surely to can pull out, or not go ahead with the mortgage rendering you unable to purchase!
I hope all goes well for you, AND make sure you keep us posted with your progress!!

JennyW_2

I can only echo what the others have said - walk away. A property purchase is a big deal and you will never be happy living above a take away - you'll never be able to keep your windows open either.

I know you've paid for surveys etc but the cost is low compared to what you could lose in the future. There will be other flats. You will never be happy.

RabbitMad

Drop your offer to £100K.

Great investment potential when you move out keep it and rent it to students
Plus Pizza on the door step (hmm pizza)

What more could you want?

pinkshoes

I'd go with RabbitMad's idea of putting in an offer of £100k then rent it out!

Obviously if YOU'RE having doubts of buying it, then it could be a nightmare to sell, but at £100k if the owner accepts it would be a bargain surely?!