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Help !! Rugby pitch being built 5 metres behind property
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the solicitor claims to have not known anything about these plans which from when i informed her about these she did seem genuinely surprised
she said she would look into this but is now not replying to my email with regards to asking for her feedback0 -
I agree that I was sent the details of searches of planning permission within 250 yards. Although the lawyer summarized the searches in their report I was also sent the Local authority search answers.
Do you have them?
I would also check the plans, of the development because the club house within 5 meters is very different than edge of a green field.
I appreciate you are miffed but the most common land to be built on is just next door to any new build area. One of the common developer tricks is to build the expensive houses on a development first and sell those before building the err less expensive ones.
I suspect a rugby pitch does sort of comply to green development the develop advised on.0 -
humhum12uk wrote: »
The pitch being built is part of a regeneration project, 340 k is being spent on the pitch, it will be used by a rugby team at the weekend and a school on occasions during the week. It will be fenced off and have cctv cover.
While I do understand your worry, to me it sounds like a pretty good thing to have behind you. The fact it has cctv cover means that you're less likely to have people trying to get into your back garden to rob your house.
Hope that it is all much less intrusive than you are worried about. 0 -
Just typed out a reply and lost it.
Examples of Local Authority Search forms LLC1 and CON29 can be found in a link at the bottom of this page.
https://www.nwpropertysolutions.co.uk/con29r.aspx
Question 1 on Planning and Building Control asks about 'the property'. 'the property' is marked on a 1:1250 Ordnance Survey plan of the immediate area by your solicitor and this area is what the LA runs their searches on.
Questions 3.4 and 3.5 relate to proposed major road and/or rail schemes within a 200m distance.
Question 3.6 relates to minor road schemes directly abutting the property.
Optional questions 12-14 may indicate that there is significant planned regeneration works in the area. Only optional and the OP already knows that his house is in a regeneration area.
Nothing on these forms cover planning permissions for building next door; it wouldn't even cover it on a semi-detached house. If you really want to know the detail of what is happening on an adjacent plot, you'd need to run a full search on that plot. In sending searches, the solicitor is acting for your mortgage company to satisfy the mortgage company's lending criteria, not necessarily your curiosity. If you don't buy with a mortgage, the whole thing is optional.
Planning applications are usually all on the Local Authority's website under planning. You can get a map view centered on your postcode with applications marked on it.
We all know the phrase 'caveat emptor' applies to buying a property. Solicitors don't check the condition of the house itself, nor do they run searches on other people's land unless they are asked to. Unfortunately, it's naive to see undeveloped land, ask a developer what is going there, get the answer "landscaped grass area" (which it is), know that it's in a regeneration area and not do a bit more formal research into what is going there.
Either way, I'm pretty sure in order to sue anybody for anything, that you'd have to demonstrate a loss. There isn't one. Planning legislation protects the amenity value of the land you're on. The simple fact remains that you didn't ask your solicitor to check the land next door and the mortgage company didn't either because they're not bothered. The net result is that the solicitor did what they should have done and were asked to do.
Maybe take up rugby?Everything that is supposed to be in heaven is already here on earth.
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There's a football field near my parents house and the houses that back onto it seem to have a similar value to the average for the area. I can find no indication that there is a negative impact on the house values because of it -- by comparing Zoopla prices for similar houses in the area, vs. ones that back onto the field.0
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Doozergirl wrote: »On what grounds?
The rugby ground, obviously.
Ba-dum! Thank you, I'll be here all week.0 -
What precisely is 5 metres from your boundary. Difficult to believe its the pitch edge.0
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Seriously though, it sounds like your solicitors didn't do a proper search. At the very least they should give you your money back.0
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A local search only reveals standard replies to enquiries on the local land charges register at the local authority. Contrary to what people believe a local search does not reveal planning entries near the property searched. If you were concerned about use of open areas near the property to be purchased you would have informed your solicitor who could have raised specific enquiries of the local authority by asking if there were any development proposal for the adjoining land; raised further enquiries of the seller's solicitor to ascertain if the seller was aware that a rugby pitch was planned; or undertaken a plan search to find out what planning applications were granted within 500 m of the property.0
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humhum12uk wrote: »I am looking for some advice with regards to a new buildleasehold property I have recently purchased.
I purchased theproperty in April 2013. It was built in Feb 2013. I used a lawyer asrecommended by the developer to purchase the property.
I have recently found out that a rugby pitch is being built5 metres behind the property. The planning permission for this was obtainedbefore I purchased the property. Neither my solicitor nor the developer informed meof this during the buying process. Am I entitled to any compensation? NaturallyI am concerned about the noise and lack of privacy that will result from havinga rugby pitch just outside my back garden. I would never have purchased thisproperty if I had known about the plans for the rugby pitch. Interestingly neither of my neighbours knew about the rugby pitch being built. Building has just started.
I have contacted the solicitor and they have said that they accept no liability as they have followed conveyancing guidelines. They did admit they did not know about the rugby pitch and said that they would send me a report but they have not. I am not sure where (if I have anywhere?) to turn now.
Many thanks guys
I think you're being a little OTT. A rugby pitch - how big is the capacity? Unless it's designed to cater for a senior club with thousands of people coming every time then I wouldn't worry. It's probably an amateur club supported by a bunch of old fogeys in flat caps.
Stop worrying and get on with your life.0
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