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Planning permission clauses (checking)

Hi guys 
We are searching for a new house and the estate agent is saying that a property developer whom they have dealt with before looked at it and said that he would do this that a the other extensions to it and all for £x. 

While we understand we obviously wouldn't be able to draw up planning proposals pre purchase, we wondered if there was any way of checking if there were clauses or restrictions mandated anywhere that can be checked that preclude any Type of works being done that we could check? 

Many thanks 



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Comments

  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 23 May 2020 at 8:38PM
    1) the estate agent said "....." - pinch of salt.
    2) the developer said "£x". - pinch of salt.
    3) no (legal) reason not to draw up planning proposals (and submit them) pre purchase
    4) no (practical) reason not to discuss proposals informally with council planning dept pre purchase
    5) look at the property Title for restrictions against the Title. £3 here
    6) look at the council's Local Plan to see if there's any restrictions there
  • eddddy
    eddddy Posts: 18,187 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    You can make a 'pre-application enquiry' to the local planning department. i.e. You say to the planning department "Am I likely to get planning consent to do...."

    Most planning departments charge a fee for this now - some give advice face to face, others will only do it by letter. (Although the current situation may mean they work differently at the moment.)

    It's unlikely, but there may also be restrictive covenants on the property which prohibit some types of development. Your solicitor would advise you on that. 
  • proformance
    proformance Posts: 345 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    1) the estate agent said "....." - pinch of salt.
    2) the developer said "£x". - pinch of salt.
    3) no (legal) reason not to draw up planning proposals (and submit them) pre purchase
    4) no (practical) reason not to discuss proposals informally with council planning dept pre purchase
    5) look at the property Title for restrictions against the Title. £3 here
    6) look at the council's Local Plan to see if there's any restrictions there
    I guess you're you're right. But I only presumed this because of that time it would take. So reserve the property and then submit plans asap? 

    eddddy said:

    You can make a 'pre-application enquiry' to the local planning department. i.e. You say to the planning department "Am I likely to get planning consent to do...."

    Most planning departments charge a fee for this now - some give advice face to face, others will only do it by letter. (Although the current situation may mean they work differently at the moment.)

    It's unlikely, but there may also be restrictive covenants on the property which prohibit some types of development. Your solicitor would advise you on that. 
    That's great - so you know how what kind of details they need at such an early stage? Could we submit a crude hand - sketched amendment to the floor plan for example? 
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Take clear details of the current arrangement: photos of the property and the locality, ordnance survey map identifying the property location etc
    Take a rough diagramme of you intended plan. The more detail, the better the planner can comment.
    That helps with the Planning aspect, but check Title also for covenants.
  • proformance
    proformance Posts: 345 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 25 May 2020 at 6:51PM
    Take clear details of the current arrangement: photos of the property and the locality, ordnance survey map identifying the property location etc
    Take a rough diagramme of you intended plan. The more detail, the better the planner can comment.
    That helps with the Planning aspect, but check Title also for covenants.
    I have done so, and even made a floorplan, including dimensions etc. But who do I sent this information to? I guess I'm not (yet) formally making a planning application, but instead trying to see if the Council will object in principle. Sort of like a pre-planning proposal if there is such a thing?

    On the application portal, these are my options:

  • Are the same planning permission rules still in place with all that’s going on in the world?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 May 2020 at 7:32PM
    Take clear details of the current arrangement: photos of the property and the locality, ordnance survey map identifying the property location etc
    Take a rough diagramme of you intended plan. The more detail, the better the planner can comment.
    That helps with the Planning aspect, but check Title also for covenants.
    I have done so, and even made a floorplan, including dimensions etc. But who do I sent this information to? I guess I'm not (yet) formally making a planning application, but instead trying to see if the Council will object in principle. Sort of like a pre-planning proposal if there is such a thing?
    Those are all varieties of formal application. I think you want to find a "have a chat with someone" option somewhere else, if there's no other useful pointers on the website (though it's quite likely they're not currently doing that while everybody is working from home).
  • proformance
    proformance Posts: 345 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    davidmcn said:
    Take clear details of the current arrangement: photos of the property and the locality, ordnance survey map identifying the property location etc
    Take a rough diagramme of you intended plan. The more detail, the better the planner can comment.
    That helps with the Planning aspect, but check Title also for covenants.
    I have done so, and even made a floorplan, including dimensions etc. But who do I sent this information to? I guess I'm not (yet) formally making a planning application, but instead trying to see if the Council will object in principle. Sort of like a pre-planning proposal if there is such a thing?
    Those are all varieties of formal application. I think you want to find a "have a chat with someone" option somewhere else, if there's no other useful pointers on the website (though it's quite likely they're not currently doing that while everybody is working from home).
    I looked into the definitions of the values and I read that the "Outline" option is the one for a decision in principle.

    However, on the last step of the form, it asks for the owner's consent for the application. Given I haven't engaged the current owner (yet) about this, I guess I can either wait and glean his express consent, or as you say, trying calling the LA for an "off the record" chat...
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    davidmcn said:
    Take clear details of the current arrangement: photos of the property and the locality, ordnance survey map identifying the property location etc
    Take a rough diagramme of you intended plan. The more detail, the better the planner can comment.
    That helps with the Planning aspect, but check Title also for covenants.
    I have done so, and even made a floorplan, including dimensions etc. But who do I sent this information to? I guess I'm not (yet) formally making a planning application, but instead trying to see if the Council will object in principle. Sort of like a pre-planning proposal if there is such a thing?
    Those are all varieties of formal application. I think you want to find a "have a chat with someone" option somewhere else, if there's no other useful pointers on the website (though it's quite likely they're not currently doing that while everybody is working from home).
    I looked into the definitions of the values and I read that the "Outline" option is the one for a decision in principle.

    However, on the last step of the form, it asks for the owner's consent for the application. Given I haven't engaged the current owner (yet) about this, I guess I can either wait and glean his express consent, or as you say, trying calling the LA for an "off the record" chat...
    "Outline" is a formal application for planning permission, just one where you haven't yet ironed out all the details e.g. you can get consent for the principle of building a house on a plot, but would have to make a further application when you've settled on the final design.
  • proformance
    proformance Posts: 345 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Is the above about right at this stage? 
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