declaring objection to neighbours planning permission when selling

brooksy69

I am aware that it is incumbent upon the person selling a house to declare any issue/dispute etc(of which he is aware) that will affect the incoming buyer e.g noise etc from neighbours. However, does this then extend to having to declare that oyu have objected to a planning application submitted by a neighbour ? (I posted last week about writing an objection to a planning app.)

I am well aware that the planning application will come up when searches are done, but would like to know if the objection could be classed as being 'in a dispute' with them

thanks

lindabea

If the application for planning permission has been accepted, then I would have thought that your objection, although no doubt it has been considered, was overruled by the council. Any further objections from you to potential buyers would be futile; however, it may put them off from buying the property, if this is what you're trying to achieve. After all, who wants to live next door to a disgruntled neighbour?

cattie

Yes it would come under the requirement to disclose information as any proposed building work to a neighbours property will be something a buyer should know before they even make an offer.

brooksy69

lindabea - the application is for a property next door to the one which we are considering selling (or my parents are) - and it hasnt been approved (still at the consultation stage) - they are mulling over whether it is worth objecting to (wont go into specifics here) or just getting on with selling up (which was in the pipeline before he planning issue cropped up)

olly300

http://www.adviceguide.org.uk/scotland/family_parent/housing_scotland/neighbour_disputes_scotland.htm

Looking at the link above raising an objection to planning permission is not a dispute. It is only a dispute if you are complaining about planning laws not being adhered to.

I suggest if you are going to raise an objection:
1. Check it is on reasonable grounds by contacting the local planning officer
2. Make sure it is a joint objection with some other people on the street.

MJMum

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djm1972

Get this -

I received my contract packs from my solicitor today to be signed and returned. My buyer has already signed their contract, and we were just about ready to exchange and complete...

However, in this mornings post, along with the mail from my solicitor was a letter from the local council - addressed to the occupier...

"Notice of planning application affecting you"

The timing could not be any worse. My buyer is desparate to move in, and now although I have returned my signed contract to my solicitor I have also had to declare this letter - I sent it to my solicitor today along with the signed contract so that they can forward it to my buyer's solicitor.

Who knows how long it will take to resolve, and whether my buyer will still want to continue! I'd imagine (based on what i've learned of solicitors so far) that my buyer's solicitor will then write back to my solicitor asking for a copy of the planning permission before even asking my buyer whether they are bothered; and then I will have to submit payment for the applications to be purchased from the council, cheque clearance 7 days, solicitors requests planning apps from council 7-10 days, send back to buyers solicitor, sends them to buyer....

:eek: :eek: :eek:

I am also ready to complete on my purchase (contracts also received today), but the timing of this is just so co-aligned I can't help but think "it was meant to be" - in other words everything happens for a reason.