Planning permission: period of time for disputes

robert_wynne_jones

Hi

We're currently in dispute with our vendor about a number of things, one of which is planning permission for a driveway.

Looking on Google street view, the driveway was there in June 2011. Is there a period of time in which it can't get disputed? Any other info would be great... in other words, are we fairly safe in not pressing to get this from the vendor?

Thanks in advance.

davidmcn

Are you buying with a mortgage? If so, what does your solicitor think that your lender needs? It can probably be covered by an indemnity policy if anyone is worried about it.

robert_wynne_jones

Yes, buying with a mortgage. I'm not entirely sure but there's no planning permission or a dropped kerb - I'd imagine if this was applied for then there would be documentation?

Would an indemnity policy be a one off cost of a couple of hundred pounds?

Thanks for responding

BJV

Yes if planning permission was granted there would be a record.

What to do next ??? A lot will depend on the area you live in. Conservation area? etc. I would not take any risks and speak to your solicitor about an indemnity insurance just to be ultra safe.

Good luck

jbainbridge

If you are happy with the driveway there is no issue to yourselves as the council can't dispute it after 4 years (or is it 1 year? ... I forget). Your lender may take a less pragmatic view and require some worthless indemnity.

ReadingTim

This suggests it's 10 years...

AdrianC

If there's no dropped kerb, then there's no vehicular access possible - so it isn't a "driveway, just a paved-over bit of garden. Does that even need PP where you are?

Fuzzyness

ReadingTim wrote: »

This suggests it's 10 years...

i'd disagree. the driveway is building on land above ground so 4 years.

four years for building, engineering, mining or other operations in, on, over or under land, without planning permission. This development becomes immune from enforcement action four years after the operations are substantially
completed

robert_wynne_jones

Thanks all for the responses.

AdrianC, the kerb is quite low anyways so he just bumps the car up! He's said it's just a paved over bit of garden that he chooses to park on!

It seems the general consensus is 4 years, it's currently just over 5. To be honest this issue is the least of our worries in regards to the other stuff we need to sort out.

Thanks again.

Ozzuk

I'm sure there was another thread on this recently - someone had this type of driveway and the council put a streetlight or some kind of post in front of it as it wasn't an official dropped kerb.

I'd want it made official, but parking is a major requirement for me.

Fuzzyness

the dropped curb is a highways issue - not planning. you'd need to speak to the highway authority to get approval for the curb.