Planning Pre-Application report not as described

asdv

I recently bought a plot with a derelict house on it that, while no planning permission had been granted or refused, was extremely likely to be a goer due to its proximity and similarity to other properties nearby. I was reassured to go ahead with the purchase after going through the Pre-Application advice process offered and advised by the planning department (Scotland).

The pre-application report I received warned of several possible constraints (the location being inside an SSSI, SPA and more) and it clearly stated that none of the relevant bodies dealing with these had been consulted. There was no mention of any possibility of archaeology issues associated with the site. The planning department's description of what a Pre-Application advice report clearly states, amongst other things, the flagging up the possibility of archaeological constraints.

After winning the bidding on the property and within a week or two of submitting a planning application an archaeological watching order was added as a condition.

The planning office's response is that the report was prepared 'to the best of our ability' along with a reminder that there is no come back on Pre-App reports.

In this instance, because the archaeology order has nothing to do with the particulars of my planning application (it would have been imposed on any development application on the site) it seems to me that not providing an archaeology warning of any sort, when archaeology is one of the main reasons stated in the description of what such a report is for, was an obvious and major error on their part.

Any expert ideas what I can do other than a straightforward appeal?

ProDave

Pre application advice is non binding and many consider a waste of time and money.

You should have done what I did, offer to buy it subject to planning permission. I then submitted a Planning in Principle application and upon that being granted with no onerous conditions, the purchase proceeded. If the planning had been refused I would have walked away and been under no obligation to complete.

asdv

There was a lot of competition for the property and bids sealed. We were advised that bidding on condition of planning permission with no planning conditions would have been a waste of time and money (in Scotland you have to pay a solicitor to even make an offer).