Solicitor failed to spot planning permission

the_blacksmith

I believe if the Council 'refuse' Planning permission you can appeal the decision & the appeal is heard beyond the Council, its then out of their hands. We have a similar thing going on, planning refused twice, we then received a letter from the council to let us know we would be unable to have a say anymore & we would receive no further correspondence from them as an appeal is independent of the council. Ours wasn't for a couple of houses but a big care home & different councils may have different rules so would prefer someone to confirm my info if they can.

princeofpounds

Sounds like it could have gone to appeal and council hasn't updated website to show this. I would ask the question why. Also I believe the old owner can be held liable if they didn't answer questions correctly. But then, if permission was given on appeal, maybe they gave correct answer at time.

I wouldn't be surprised if this had happened. The vendors may have known something would be coming on the grapevine but on the face of it had been refused, so they could exit with a straight face when answering questions.

gladysrocker

If that were the case wouldn't it have said yes instead of no under the decision appealed question? Or are you saying that they're not appealing the decision with the council but some higher authority? Would that be the same process for residential as it would be for a care home?

RAS

Have you actually rung the Council yet???

You need dates etc before you even know who else to speak to.

da_rule

It could also be that it isn't an appeal. Maybe the original application was rejected but they were told what work was needed to make it acceptable (smaller foot print, different building materials etc) and they have then made a new application based on these recommendations.

Really, everything is just speculation. You need, from the council, some sort of time line for planning applications/decisions/appeals which relate to the neighbouring property.

Catti

https://www.planningportal.gov.uk/planning/applications/decisionmaking/refusalsdelays

Sounds very much like the applicant took it out of the Council's hand and went to the appeal process.

There is a search facility to look for appeals:-

http://www.pcs.planningportal.gov.uk/pcsportal/casesearch.asp

the_blacksmith

gladysrocker wrote: »

If that were the case wouldn't it have said yes instead of no under the decision appealed question? Or are you saying that they're not appealing the decision with the council but some higher authority? Would that be the same process for residential as it would be for a care home?

Not in our case, it still says refused. But the building hasn't started yet & its been going on for a few years now.

Incidentally we sold our house (STC) in February this year & there is a place on the form to put down what you know about local plans. We filled this in with all we know up to date which is refused planning & believed to have appealed.

neneromanova

What would happen then, if it was found out that the sellers lied about knowing about planning permission? It's not like the sale of the houses would revert at all, so what would happen? and what could they ask for?

Genuine question

DRP

Bantex wrote: »

In that case, his only option is to sell the place. There is no way the new build is going to be stopped at this stage.

This is always a risk when buying near empty land.

This^ Especially at the moment.

Several recent rounds of planning applications should have rung alarm bells.

Bantex_2

gladysrocker wrote: »

Oh if only life were that simple Bantex! It's taken him and his partner years to save up the deposit for their own home, cost them thousands in fees and taken them months to find 'the perfect' place that was within their budget. The money pot is now empty. Even if it was a financial option, who's going to buy next to a building site?

What is the outcome you are hoping for?