Should searches have included planning?

Lunchbox

Hi All. We purchased a 6th floor flat (new build) in February. We reserved it in December - the flats were completed and signed over in January.

Since moving in, we've found out that planning permission has been granted to build a 9 storey block of flats, directly facing us, 30m away. This will mean we're directly overlooked, and restrict our light.

A consultation was held in June 2014 and planning granted in November. Only the effects to the existing surrounding properties were taken into account in the planning application - not our block, which was still being built.

Should this have been picked up by our solicitors during conveyancing? Our property report states that 'the search does not reveal any adverse matters relating to planning permission or building regulation approval'. We did try and do our own check of planning applications at the time, but the local authority site is a nightmare to search.

Are we able to retrospectively oppose the planning permission with the local authority, given that our property wasn't considered at the time?

davidmcn

Lunchbox wrote: »

Are we able to retrospectively oppose the planning permission

No, you're out of time for any sort of objection if it was granted in November.

As for whether the search ought to have covered it, you can check what their criteria were, but often the search is only over the property you are buying, not surrounding properties.

orionmoo

The planning search you mentioned as completed regards the property you're purchasing.

Your solicitor may have offered you an additional local planning search for about £28 which would reveal local planning applications.

G_M

The plans would have been available at the council planning office.

I would never buy a property without visiting and talking to planners first.......

Just as I would always talk to the neighbours too, who may well have known / told you.

Lunchbox

orionmoo wrote: »

The planning search you mentioned as completed regards the property you're purchasing.

Your solicitor may have offered you an additional local planning search for about £28 which would reveal local planning applications.

No, we were only offered environmental, flood and chancel as additional searches.

Is there anything we can do? How can a planning application be granted that completely ignores the effects on a directly adjacent property? There are very detailed impact assessments for all other properties within a certain radius, but not on ours, which will be the most significantly affected.

Lunchbox

G_M wrote: »

The plans would have been available at the council planning office.

I would never buy a property without visiting and talking to planners first.......

Just as I would always talk to the neighbours too, who may well have known / told you.

We did visit. We were told there was permission to have a single storey commercial unit built on it, which it did, but this has been changed.

davidmcn

Lunchbox wrote: »

Is there anything we can do?

Not really. Enjoy the view while you can?

AdrianC

Lunchbox wrote: »

We purchased a 6th floor flat (new build) in February.

Since moving in, we've found out that planning permission has been granted to build a 9 storey block of flats, directly facing us, 30m away. This will mean we're directly overlooked, and restrict our light.

Oh, the irony.

Lunchbox

AdrianC wrote: »

Oh, the irony.

Not really. Our development was built well away from any others. It contains several blocks, which have all been placed such that they don't directly overlook any others, have larger distances between the buildings and don't block the light - all of which was taken into account in the planning for this development. The new development has completely ignored the existence of a directly adjacent property.

AdrianC

I think you miss my point.

You bought a new-build high-ish rise flat.
You are now complaining about new-build high-ish rise flats.

I'm sure the planners did take account of the future existence of your block when considering the planning application for that one, which they granted before you bought your flat.

lincroft1710

In my former hometown, the corporate owner of an adjacent building objected to the pp being granted for a new building. They sought a judicial review which resulted in the pp being quashed. However the corporate owner's costs were £75,000.