Searches did not show major development!!!

knightstyle

Thanks for replies all taken note of and yes we could have done more research but surely when the searches we paid for state......

Local Authority Planning Data indicates that there are no development planning applications within 500 metres of the property which have submitted within the last 10 years

That means the development should have been notified to us and someone missed it?

JJR45

knightstyle said:

Thanks for replies all taken note of and yes we could have done more research but surely when the searches we paid for state......

Local Authority Planning Data indicates that there are no development planning applications within 500 metres of the property which have submitted within the last 10 years

That means the development should have been notified to us and someone missed it?

Can't you post the planing link?
Usually the planning search is only within 250m, so is a little odd to state 500m.

knightstyle

So the sellers were not aware of this!!!!

Think we were stitched up!!!

comeandgo

knightstyle said:

So the sellers were not aware of this!!!!

Think we were stitched up!!!

Is there a definition of “nearby”?  I would not think half a kilometre away was nearby.

davidmcn

comeandgo said:

knightstyle said:

So the sellers were not aware of this!!!!

Think we were stitched up!!!

Is there a definition of “nearby”?  I would not think half a kilometre away was nearby.

Indeed, I wouldn't think it unreasonable to interpret that as being neighbouring properties, not just to tell you about every proposed development in the vague vicinity. Besides, how would you demonstrate that they were aware?

Doozergirl

I don't think the impact of builders lorries will be even half what you think it will be.  The thought is almost always worse than the reality, especially at that distance.  

They built a big development near to us and I barely noticed anything other than the front houses going up.

Your house won't be devalued,

you won't suffer any tangible loss.  If anything, these developments put prices up locally.  

I wonder if the postcode point given on the application was outside of the search area.  I doubt the planning portal highlights the entire plot when running a search, just a postcode point.  

pinkteapot

comeandgo said:

knightstyle said:

So the sellers were not aware of this!!!!

Think we were stitched up!!!

Is there a definition of “nearby”?  I would not think half a kilometre away was nearby.

You'll never be able to prove the seller was aware of it (but of course they were), so you'll have to give up on them. And, as others have said, it's not obvious that 0.5km is "nearby". 

As your search report specifically says 'no planning applications within 500m' it's worth a complaint to your solicitor in case you can get some cash out of them (I believe you'd have to go through them even though your complaint is with the search company, because they ordered the search so they have the contract with the search company). 

One thing to check though is the exact location of the development marked on the planning portal. If it's a big site, in my experience it'll only have a single marker/flag on the planning map, with the associated application number. I'm wondering if that marker is outside the 500m boundary which is why it was missed... (If the search looks at those pins, not the entire boundary of the development site). 

davidmcn

pinkteapot said:

comeandgo said:

knightstyle said:

So the sellers were not aware of this!!!!

Think we were stitched up!!!

Is there a definition of “nearby”?  I would not think half a kilometre away was nearby.

As your search report specifically says 'no planning applications within 500m' it's worth a complaint to your solicitor in case you can get some cash out of them (I believe you'd have to go through them even though your complaint is with the search company, because they ordered the search so they have the contract with the search company). 
 

No, the searchers know that the search was ordered by the solicitor as agent for their client. If the OP has a claim, they can make it directly. They'd only have a claim against their solicitor if it was down to the solicitor's interpretation of the search results.

And bear in mind the searchers are only liable to the extent that they were actually negligent or breached their contract - if, say, the search is wrong because the council's records were wrong, that's not their fault.

AdrianC

I'd be quite interested to see on a map where the house in question is relative to the boundaries of the development.

If it is Manthorpe, then the site itself is more than 1,000m x 500m. 480 homes take a lot of space.

https://goo.gl/maps/qqNkwrAcX5PTe9RZ8

I'd be very surprised indeed if anybody was house-hunting in the general area of Manthorpe village without coming across information about the development. It's been fairly big news since the original planning application was lodged in November 2015...

The location is described on the application as "Land To The North Of Longcliffe Road" - which is that C-shaped curved road to the lower-left of the aerial shot above, next to the railway line. It's not hard to see how land near to the area could be outside 500m from that location, if that's how the searches are done.

S15/3189, South Kesteven District Council.
http://www.southkesteven.gov.uk/index.aspx?articleid=8170#/application/s15/3189/details

Even without that application, it's hardly rocket science to assume that plot is fair game for a major development at some stage in the near future, is it? It's a long while since I went down that way, but I used to go along Belton Road fairly often - and even decades ago, I wouldn't have been at all surprised at that being developed... It's a cut-through round the edge of town, with very easy access to the A1 and A607 to connect with the A17.

knightstyle

Here are the plans and map of the proposal.  
I do not understand how Doozergirl can think this will not entail huge impact on our road during the build which will take several years.  
So we moved away from terrible renters to this make me think that we will never get any peace.
Oh and the build is much less than 500M from our house, probably 250 to 300M away.

http://www.southkesteven.gov.uk/index.aspx?articleid=8170#/application/s18/1044/documents

http://planning.southkesteven.gov.uk/SKDC/S18-1044/1625738.pdf