Discharge of planning conditions

RJ1129

We have been in the process of buying a house since 6/9/20.  We are almost there but there is one enquiry outstanding, it relates to the discharge by the local council of the planning permission conditions, two relate to access to the site whilst the property was being built and the other one is for soft landscaping.  The house has been lived in by the owner for the last two years and council tax has been paid.  We are cash buyers and intend this to be our last move, we are debating whether to exchange before this has been resolved.  Is it likely that the council will impose a breach of planning conditions for soft landscaping?  Any thoughts would be most appreciated.

Doodlebugs

We had very similar on the sale of ours. We don’t have confirmation from the council that the s106 has been fully complied with. Our council is notoriously slow in responding to requests (though we’re pretty certain it’s all been complied with) so we’re providing our buyers with an indemnity to speed things up. Our development is 6 years old and the risk is incredibly low so the indemnity isn’t much. 

How old is the development? Have all the houses been built? 

RJ1129

The house is only two years old, it is not on a development, the owners have built two houses on their land.

AdrianC

Have the conditions specified within the PP approval been met, and it's merely a question of paperwork...?

RJ1129

Yes all conditions have been met.  We have confirmation from the Tree and Landscape Officer that there were no trees on the land that merit protection by means of a tree preservation order.  We just do not have any documentation to state the conditions were discharged.

AdrianC

I really wouldn't sweat it, then.

What's the worst that'll happen? You'll have to show that the conditions have been met. Which you can.
Or, in two years time, it's a non-issue.

RJ1129

Thanks very much for your reply.  Do the planning conditions become void after 2 years?  The owners have already been living in the property since 2018, so will this not cause any issue?  

AdrianC

The local authority can't enforce breaches after four years.

RJ1129

AdrianC, many thanks you have been a great help.

hazyjo

Doodlebugs said:

We don’t have confirmation from the council that the s106 has been fully complied with. Our council is notoriously slow in responding to requests (though we’re pretty certain it’s all been complied with) so we’re providing our buyers with an indemnity to speed things up. 

Surprised they're allowing an indemnity if the council are already aware.

Cash-Cows

Breach of conditions has a 10 year limit not 4 that posters have been saying. But if you're not in breach of anything the LA won't do anything. That said failure to actually discharge the condition will no doubt be raised as a query when you sell.