Help!!! New build and need advice

0pennylane0

Hi people,
I’m hearthbroken!
Due to exchange this week, 1 year into buying this new build, we are due to exchange Friday and we’ve been to the new house plot today to find out that even if we have a south/west exposure to the garden the trees completely block the sun on the back of the house (garden) from about 4.30pm in summer. I’ve pick that plot for the exposure and from the plan you couldn’t tell that that was the case (plot n. 2 in this link McDermotthomes — find a home — burnley — valour Park - site plan

Till know we’ve just paid 4K on extras and we’ve not signed anything.
What can we do? Maybe seek legal advice? Talk with the council ( they are like 10 mature trees) on public path.
I’m a loss, but I can’t have a house that sit in dark ( is very very dark under that shade!)
I’m at a loss :(

Slithery

Lose all the money that you've put in so far and buy a different property.

That really is your only option.

HampshireH

Not sure what legal advice could do for you.

The trees have been there a while and whilst its odd they don't feature on the plans Im not sure you would have any legal case unless the info you have clearly states they don't exist. The map clearly shows a barrier of trees on the border of the site.

Highly unlikely the council will remove the trees for you.

If your not happy with your plot it may be make or break for you. You could discuss an alternative plot but they are under no obligation to consider this.

davidmcn

What sort of legal advice are you hoping for? Your options are either to go ahead with the purchase or walk away. Up to you to do your due diligence if things like this are so crucial to you (and probably another example of why buying off-plan isn't always a great idea).

The planning documents will show the landscaping in more detail (and perhaps have information about shadowing).

couriervanman

I see you had second thoughts about it last November......why didn't you change plots then

AdrianC

These are the trees we're talking about, right?
https://goo.gl/maps/wRVmPX9apMX1nYzs6

Is this the first time you've visited the site?

0pennylane0

I’ve been there many times.. I don’t know how I could miss that

getmore4less

Thought this site looked familiar

https://forums.moneysavingexpert.com/discussion/5920031/best-garden-exposure-new-build-off-plan

back in Nov you were warned.

if this link works then I would research what I think is Eaves Hall care home

if that building and trees are staying you won't get any late afternoon or evening sun.

link

getmore4less

there was even a tree protection plan on the site linked to.

https://www.burnley.gov.uk/attachments/APP20180003_1_5304.10D%20TPP.MAY18.pdf

ARBORICULTURAL IMPACT ASSESSMENT
AND
METHOD STATEMENT


there is even a reference to a tree on your plot(lime to be removed)

getmore4less

0pennylane0 wrote: »

Hi people,
I’m hearthbroken!
Due to exchange this week, 1 year into buying this new build, we are due to exchange Friday and we’ve been to the new house plot today to find out that even if we have a south/west exposure to the garden the trees completely block the sun on the back of the house (garden) from about 4.30pm in summer. I’ve pick that plot for the exposure and from the plan you couldn’t tell that that was the case (plot n. 2 in this link McDermotthomes — find a home — burnley — valour Park - site plan

Till know we’ve just paid 4K on extras and we’ve not signed anything.
What can we do? Maybe seek legal advice? Talk with the council ( they are like 10 mature trees) on public path.
I’m a loss, but I can’t have a house that sit in dark ( is very very dark under that shade!)
I’m at a loss :(

the trees are on that plan?