Misled Sale of House Advice Needed DWH

MilesDawson

Hi,
I am new on here, and after a bit of advice.

We bought our house a year ago from DWH, chose and purchased a property in a cup-de-sac. Indeed it is named a 'Close'. The selling agents DWH made no mention of any proposed changes to the plans we saw, and indeed all our legal documents show a 'Close'.

This week planning permission notices had been posted, requesting permission to build 270 homes and use our "Close' as the access route. Therefore it will not be a close any more. When our solicitor did our searches obviously the new development did not show. However i have found early planning documents from the original development showing the roads as open ended. Leading me to believe that DWH did know of future possible plans, but failed to share these with us.

I am not against new developments, i live on one! But i am furious as we specifically paid for 'Close' position, and indeed paid a premium to be in a quiet location. And feel the truth was hidden from us.

Can anyone offer any advice on options, or how to progress, do i have to find the proof, or are DWH obliged to share old records with me, solicitor or anyone?

And can a "Close' be turned into a through road, 'Just Like That'?

Any help or advice welcome.
Many Thanks
Miles

jimpix12

And can a "Close' be turned into a through road, 'Just Like That'?

Sadly, yes. It happens all the time. If the developer owned the new development land at the time of your purchase, your solicitor would ideally have told you that, or even the estate agent/salesperson. It has always been communicated to me, but then I always made a point to ask. Developers often leave access routes open on the plans.

There's a 'Close' near me that has 1980s-built bungalows on it. They have opened up one end in the past few years and built a new estate next to it. At least in your situation you haven't been there that long.

You could look into local measures and potential planning issues such as extra noise or pollution but I don't think this is likely to go anywhere - although someone with more knowledge here might be able to advise. In reality, there is unfortunately very little you can do except to accept that is the risk of buying from a developer. It happens very often.

MilesDawson

Thanks spukno2010

Does anyone know have any recourse at all against developers or solicitor, or am in just a 'pawn in a bigger game'? And just have to face the fact I've been duped.........

jimpix12

Why don't you view the online planning history and see if there is any other local opposition. The Parish Council is a good place to start. Since it's not exactly a small development there's likely to be some issues and it'll probably drag on. There should be something for you to latch on to and air your grievances over; I'm not exactly a planning expert, but the argument that you you bought with the expectation that nobody would build nearby as it is a 'Close' might not hold much weight.

I think a better bet would be to see what other issues are being talked about and then voice your support for those. A little unfair on the developers perhaps if it isn't a genuine concern of yours but who cares and who can prove otherwise?

MilesDawson

Sorry, if i've not been clear. There are many grounds to object the development, and there is a residents committee being formed, there are flood plain issues, environmental & traffic level considerations. I am comfortable that between us a suitable objection will be made.

My question was more about the selling process, and feeling aggrieved i feel i have been mis-sold to, and how, if possible, and if there is an established process to raise, a complaint? And if anyone knows which legal act this may fall under?

davidmcn

MilesDawson wrote: »

My question was more about the selling process, and feeling aggrieved i feel i have been mis-sold to, and how, if possible, and if there is an established process to raise, a complaint? And if anyone knows which legal act this may fall under?

I can't see that you have any case from what you've told us.

jimpix12

Do you feel aggrieved by the solicitors or the developers?

I think pursuing anything against the developers will be a total waste of time. There might be grounds to sue the solicitors but you would probably be better posting on a legal forum such as http://www.thelawforum.co.uk/forums/ask-question-here

Also just a thought, some home insurance policies give access to free legal advice. Whether they can help on matters like this, I am not sure.

I don't think it's likely to go anywhere, either way, but worth a try?

maninthestreet

The developer was under no obligation to voluntarily divulge any future development plans to a prospective purchaser.

Davesnave

It is usually obvious that roads have a possible future as access points on new estates, as the 'close' is never completed with houses across the end of the road, blocking it.

I suppose it is easy to assume that any gateway is there 'for the farmer to reach his fields,' but in the ones I'm thinking of, the give-away was the fact that the fields stopped being farmed.

A house I owned backed onto those fields. The developer's agent showed me how, when they began building, our place would be next to an 'open space.' However, the plans were later altered and the open space became a 5 bed executive monster.

So, developers don't know exactly what they might build a year or two down the line, and even if they do, one can't rely on what they say.

AdrianC

The name of a road means absolutely nothing. It is no more nor less than identification of which road is which.

For all you know, there were no plans to develop that site in that way a year ago - and certainly nothing that was public, so in what way do you think you've been misled?

For now, a planning application has been submitted. You have the ability to object to it. Your objection may or may not carry weight and affect the outcome of the application, but unless you object it definitely won't.

dodger1

MilesDawson wrote: »

And can a "Close' be turned into a through road, 'Just Like That'?

Will the new properties only be accessed past your property or will they have entry from either direction. If only one way (past your property) then technically I suppose it's still a close.