Planning permission

Thinkthin

Whoops 2014....yes thankyou x

seven-day-weekend

AnotherJoe wrote: »

Sorry but that is bunkum. Local searches will pick up planning in your local area, not within your boundaries. Otherwise they would be pointless.

I used to work on the Planning part of the searches and unless people requested the wider area (and paid more), we only ever searched on the property boundary.

The apology you are about to make will be accepted.

Thinkthin

The seller put N/A in the box about proposals about anything happening in the local area about building or planning applications ...great

noh

Thinkthin wrote: »

The seller put N/A in the box about proposals about anything happening in the local area about building or planning applications ...great

If that is the case and you have proof that he did know because of the objections he lodged, then you have grounds for suing him for misrepresentation.
What you would gain I'm not sure.

http://www.which.co.uk/consumer-rights/regulation/misrepresentation-act-1967

https://www.lyonsdavidson.co.uk/importance-statements-sellers-property-information-form/

unforeseen

If the original plan was rejected based partly on the objections then the previous owner would have been aware as he was interested and taking an active part in the PP process.

HOWEVER if a revised planning app was put forward then the normal notification would not have happened and the previous owner would not be aware especially since it took over 18 months to get pp.

phoebe1989seb

unforeseen wrote: »

If the original plan was rejected based partly on the objections then the previous owner would have been aware as he was interested and taking an active part in the PP process.

HOWEVER if a revised planning app was put forward then the normal notification would not have happened and the previous owner would not be aware especially since it took over 18 months to get pp.

At least the OP would have been aware that there was the possibility of development on the land at the rear though and could have made an informed decision whether to purchase or not......

I know that when we bought our last (rural) house we were made aware - by the vendor ticking said box re: planning applications nearby - that a vacant plot of land that adjoined 'our' third of an acre garden had previously had a planning application submitted for a large house. It was turned down and the applicant appealed the decision having amended the plans slightly. Once again it was declined on the grounds that it would be overbearing and would block the view from 'our' house. We bought the house in 2011. The appeal decision dated from 2004, but our vendor who had owned the house since 1991 still mentioned it.

Another house we had an offer accepted on, we noticed on returning to measure up that there was digger activity on the plot that separated 'our' garden from fields (we had driven 200 miles to view btw) and on mentioning it to both EA and vendor they denied all knowledge of what was going on. We popped into the EA office where the manager admitted a couple of dormer bungalows were being built and that as they were only dormer bungalows they wouldn't have much impact on our outlook. On returning home we checked the planning application online only to discover these were to be large, two storey executive homes.....not dormer bungalows at all. We withdrew our offer immediately.

Davesnave

davidmcn wrote: »

All direct neighbours should have received notification of the application. And "not remembering" would be too handy a defence to be valid. But the OP should bear in mind that if the planning application had been made the day after they exchanged, they'd probably be in exactly the same position now.

I'm virtually certain that this doesn't always happen, mainly because my direct neighbour has not been made aware of the three planning applications I've lodged with the council since 2010.

Indeed, with the last two, I was instructed to put up the advisory notice myself 'in a prominent position,' due to a shortage of staff.

It's therefore been my pleasure to decide what's prominent, although I recall that when West Wilts performed the same service for me in 2005, they did so by attaching the notice to a lampost.....in a different street from the one affected! :rotfl:

seven-day-weekend

Davesnave wrote: »

I'm virtually certain that this doesn't always happen, mainly because my direct neighbour has not been made aware of the three planning applications I've lodged with the council since 2010.

Indeed, with the last two, I was instructed to put up the advisory notice myself 'in a prominent position,' due to a shortage of staff.

It's therefore been my pleasure to decide what's prominent, although I recall that when West Wilts performed the same service for me in 2005, they did so by attaching the notice to a lampost.....in a different street from the one affected! :rotfl:

The Council are obliged to publicise the application. They do not, however, have to publicise it in any particular way. They may send individual letters, or there may be just a site notice.

My council, in the situation you have described, would have notified people with adjoining boundaries only (unless it impacted upon a listed building or conservation area).

Thinkthin

The neighbour to the side of me has just brought his letter round. He has confirmed that they all got letters.

I know that I cannot do anything about the build but I'm upset that I had no idea about it.

maninthestreet

You may want to contact the solicitor you used when purchasing your current property to ask his opinion.