About to complete on a property - neighbour just put in a planning application

Jox

So if it is the upstairs neighbour who will be doing the loft conversion, will there be scaffolding in front of the whole building while the work is going on and noise / dust etc? That could be grounds for objection?

davidmcn

Jox wrote: »

So if it is the upstairs neighbour who will be doing the loft conversion, will there be scaffolding in front of the whole building while the work is going on and noise / dust etc? That could be grounds for objection?

No, temporary disturbance caused by the works isn't a legitimate planning ground for objection (otherwise nothing would ever get built!).

GDB2222

I haven't bought or sold in ages. Is there a question for the vendor as to whether he knows about planning applications that neighbours might be about to make? Or indeed have made? I thought that's what the local searches are for?

molerat

Would this need a party wall agreement, they will be working on "your" roof ? Does the upstairs owner have legal access to the ground below where the window will be, I doubt this is considered maintenance ?

davidmcn

GDB2222 wrote: »

I haven't bought or sold in ages. Is there a question for the vendor as to whether he knows about planning applications that neighbours might be about to make? Or indeed have made? I thought that's what the local searches are for?

Searches are generally over the property you're buying, rather than every neighbouring property over which you're entitled to notification of a planning application.

Jox

You can ask your solicitor to search the area for planning applications.

In the forms I had to complete for the sale of my flat I was asked if I was aware of any planning applications in the immediate area.

AlexMac

As others have said, anyone can object to a planning application, and detail of where to see the plans and any deadline for objection should be on that letter. In my Council area, you can view plans online, and even lodge your objection via the Council website or Planning Portal,

However, it's unlikely that you will successfully object to the point of getting a dormer stopped. Our council publishes guidelines of what is acceptable, and unless your neighbour's builder or architect is an idiot they won't be wasting time submitting something hopeless. We live in a conservation area and dormers generally get approved, especially at the rear. In fact, locally, unless there are 8 objectors or the Ward Councillor "calls it in" to the Planning Committee of Councillors, the Planning Officers usually approve applications speedily using "delegated powers".

I am intrigued by your reference to an "upstairs neighbour" however. Assuming this is a flat, and assuming it is leasehold rather than freehold it begs a few questions about
-whether your neighbour already owns the roof-space,
-whether this is a loft above the upstairs neighbour's flat,
-or already converted, or if their flat is already in the roof-space,
and, crucially,
- whether they need the Freeholder's permission, which should be clear from the lease which your solicitor will have reported on to you before allowing you to exchange?

Which begs the further question about who owns the freehold? Is it "shared" (i.e. owned by your vendor, the upstairs flat owner/leaseholder and any other leaseholders in the block, usually via a Company) or is there a separate freeholder? Either way, has the freeholder given permission to these works going ahead?

It seems unlikely that anyone would be allowed to do major work or window replacement without freeholder permission? In which case it seems unlikely that your vendor would not have known about this. Unless they had a totally carp freeholder?

(We once owned a leasehold flat in a shared freehold in a converted 19th Century block, and the top floor owner asked, just before buying, if a loft conversion would be on? The owners of the flat below pointed out that he wouldn't actually own the loft space, as this (like in most similar blocks) wasn't his but was a communally owned bit of the freehold, and that in any case, as part-freeholder, they'd block agreement)

And whether or not you're following me on this, or maybe assuming you are not buying a leasehold flat but one with a weird "floating freehold" in which case forget some of the questions above, is it such a big deal? Enough to make you walk away, even if you can do so without penalty because you can prove the vendor should have known?

Assuming the work is competently done and certificated, there may be short term noise and nuisance, but that's life; as someone says, if planning applications were refused on grounds of scaffolding, noise and nuisance, nothing would ever get built, improved or converted.

Good luck

kinger101

moneyistooshorttomention wrote: »

On that second point - there is a difference being "knowing" and being "officially told". I think there is a possibility the vendor hadnt been "officially told" - but did "know" (ie the neighbour or some other neighbour had mentioned it to them - so they did know all about it).

I suspect the vendor knew very well - but had been told they arent deemed to "know" unless they've been "officially told in writing".

In OP's position - and lumbered with having Exchanged Contracts because the vendor didnt let on - I'd probably feel I needed to "make the best of a bad job" and start reacting to the Council as if I were already the owner and write in letter of objection to them on that basis.

I'm assuming the "copy of the letter received by the vendor" is actually notice from the local authority of the planning application. Normally, all neigbouring properties get one.

Unless they had the letter for a very long time, I expect the vendor has very much played this one by the book.