Red line planning boundary

G_M

samm77 wrote: »

To be honest we are only interested in the site if we can get it as advertised - the entire red line boundary. But in order to get that he would have to back down from what he has now said. I was hoping to find a legal or planning reason why you need to sell a site with outline PP in its entirety rather than with a section taken out of it. That way I could go back to him and say it's a legal or planning imperative that we get the whole site which would kind of give him an opportunity to change his mind without losing face.

No. You'll just have to tell him you'll buy the whole plot or walk away.

As explained, ownership of land is irrelevant to Planning.

If you bought the smaller plot, provided you own the land on which contruction will take place, you can build (assuming full planning consent is granted).

If he wanted to build on the land he retained, he'd have to apply for Planning in the usual way.

moneyistooshorttomention

I'd go for its either "deal (ie the 100% agreed) or no deal" too.

I'm taking it for granted that if you only got 80% of the plot - then you would be planning on only paying 80% of the price previously agreed.

However - with the fact that the reduced site would be a lot less versatile (ie you would have to arrange it "his" way, rather than "your" way) then he must know that fact. With that - if I was still prepared to consider buying it - then I would also be knocking off more than the 20% discount, ie to allow for lower site versatility.

I'd be willing to bet part of the reason why he wants to retain part of the site is precisely in order that you had to arrange it "his" way rather than "your" way. I would also be wondering what his plans were for the "missing" 20% of the site.

Worst case analysis and access still okay regardless - and he wouldn't get more than 60% of original price out of me for that site.

melstar11

I'd be saying 'it's all or nothing' to him. You've got to wonder, as a pp said, what is he going to do with it and is it down to greed? Does he want more money and this is his way of trying to get that?

princeofpounds

As stated, it would likely necessitate a new application, or at least a reserved matters one.


Not because the previous permission is invalid - it remains so - but because you will no longer be able to build to match that permission, because you don't own the necessary land.

Planners can be awkward so I would be very wary of changes like this. Who knows if the change in access results in an unacceptable visibility cone on exit, or some other small detail.


I happen to believe it's quite possible the vendor only wants to change the location of the access, rather than it being a dastardly plan to ransom-strip you via planning rather than physical access. But that doesn't change how you should treat it too much.

Personally I would refuse, or I would only buy an option for a nominal sum whilst a new planning application went in, adjusted to fit the new site (with consequent discount for hassle, time and lost space).

lush_walrus

If you only have outline planning permission then you have an agreement to the principle of developing the land. This is generally used when a change of use or a large development is taking place as it's a cheaper application to make and secures key things like massing, the usage, the principle. A building can not be nor is permitted to be built from an outline application.

Moving forward you will need to make a full planning application which will cover the more detailed design of the site. Materiality, window locations and you can question the size and location can all be dealt with under detailed planning application.

If you want to understand more have a look on the planning portal website it is a UK wide government site and contains all you need to know regarding planning. Alternatively go on the portal enter the address of the site you are buying, on there will be the planning approval letter with details of the planning officer who dealt with it. Give them a call and ask the questions you need, they tend to be very busy but keep trying and if they are helpful you will have all the answers you need.