Planning objection - will it collapse my sale?

ng023

Hello,

We are nearly 10 weeks into the process of selling our house, and we have just received notification of a planning application for a new development of houses on the hill behind our property. We have disclosed this to the buyer and keeping our fingers crossed they still want to proceed. However - I have prepared a detailed objection that makes very clear the negative impact the development will have on our property. I’ve just realised it will be made public, so the buyer and any future buyers (should this one pull out) will be able to see our concerns laid bare under the plans on the planning portal. I’m assuming their solicitors will advise checking this is detail. I don’t really want to plant doubt in their minds should they not be bothered. Question is: do I submit it anyway? Or is there another approach I can take? 

Thanks!

princeofpounds

That's pretty much the chance you take. 

You can take the chance that sufficient numbers of other people will complain 'for' you. 

You would also do well to consider if you really have any valid planning objections under policy - no point in complaining just because you don't like it. If it's within the council's strategic land allocation something is going to happen, you can almost bet on it.

You can also word your objection in a manner of constructive criticism, with complaints expressed very neutrally where possible.

Personally I would concentrate on progressing your sales if possible. Hopefully you will hear back quickly from your buyers - no reason you shouldn't in a week or so.

Try not to fret too much. People always overestimate the negative impact of new housing - it doesn't really affect your property value in the end, unless you have a genuinely spectacular view (unlikely, given you're not on the hill) or something really crazy gets built. The most valuable land is typically within more urbanised areas. I appreciate it's not much help whilst it's ongoing. 

Scotbot

If you are planning to move why submit an objection ? You won't be living there when it is built so it won't affect you.

In terms of buyers some will  be put off at the thought of living by a building site but that depends on how far away it is and there is nothing you can do about it, that is not a valid reason to object.

ng023

Thanks for your reply. We definitely have valid objections under policy. There are many neighbours also submitting objections, but based on reading those currently available ours is more detailed and relevant to policy. We’re really between a rock and a hard place: If we don’t object the development may go ahead, but if we do our public concerns may scupper a future sale and the development could get permission regardless.

ng023

Scotbot said:

If you are planning to move why submit an objection ? You won't be living there when it is built so it won't affect you.

In terms of buyers some will  be put off at the thought of living by a building site but that depends on how far away it is and there is nothing you can do about it, that is not a valid reason to object.

Thanks for your perspective. Certainly helpful. The worry is that it will difficult to sell the house with the planning application hanging over it. If our objections contribute to a refusal of the application, any future sale will be much easier.

AdrianC

They're going to make up their own mind on the development - and, if they agree with you, then they won't buy. Your objection won't swing them.

It almost certainly won't swing the planners, either, but that's a different question. Remember, every local authority has a government-imposed quota of new homes they need to find over the next few years, and they're sanctioned for not having enough in progress.

But, yes, if you're moving, I'm not sure it's up to you to object...

princeofpounds

AdrianC said:Remember, every local authority has a government-imposed quota of new homes they need to find over the next few years, and they're sanctioned for not having enough in progress.

Increase tractor production in the Urals, comrade!

Scotbot

ng023 said:

Thanks for your reply. We definitely have valid objections under policy. There are many neighbours also submitting objections, but based on reading those currently available ours is more detailed and relevant to policy. We’re really between a rock and a hard place: If we don’t object the development may go ahead, but if we do our public concerns may scupper a future sale and the development could get permission regardless.

The developers clearly think they have valid reasons to build. Without knowing details the most likely outcome is the development will go ahead in some shape or form. Since it is now out in the open any buyer is going to do their own research as to how it sffects the property but will buy on the assumption that it will go ahead

davidmcn

ng023 said:

Thanks for your reply. We definitely have valid objections under policy. There are many neighbours also submitting objections, but based on reading those currently available ours is more detailed and relevant to policy. We’re really between a rock and a hard place: If we don’t object the development may go ahead, but if we do our public concerns may scupper a future sale and the development could get permission regardless.

I would think it pretty unlikely that your objection would make a difference to the decision. The planners will be commenting anyway on whether or not it complies with policy in their report to the committee. And I would expect buyers to treat a refusal on the record as being an indicator of some sort of future successful attempt at developing the land.

Incidentally, will your objection actually be public? Some councils anonymise the representations which go on the online portal.

AdrianC

princeofpounds said:

AdrianC said:Remember, every local authority has a government-imposed quota of new homes they need to find over the next few years, and they're sanctioned for not having enough in progress.

Increase tractor production in the Urals, comrade!

Umm, no...

Strategic national-level planning is something that there should be more of, not less. It's then delegated down to local authorities to manage the free-market commercial delivery.

Jeepers_Creepers

Hi NG.

Any potential buyer will be - or will soon become - aware of the proposed development. They will most likely also be aware of the near certainty that the development will go ahead is one form or another in the next 5-odd years. Almost guaranteed.

So, they buy either accepting this, or they don't buy because of it. Or, they amend their bids to compensate. Or they take a (foolish) gamble in that it won't happen.

What difference will your objection make to this whole malarkey? I suspect none at all to the chances of the development going ahead (unless you have really landed on some significant unforeseen issues), but potentially raise awareness of the extent of negatives with the development to anyone carrying out a basic bit of research, along with how strongly some in the local community feel about it. That would certainly give me pause as a potential buyer.

We've had a proposed huge development - 500 houses - hanging over us around here for around 10 years, although thankfully it's on a large field on the other side of the road to us, so completely out of sight. However, the owners of houses on the 'affected' side have been running large and very vocal campaigns throughout all this time - banners, letter drops, petitions, etc - and I did submit some objective and directly relevant 'objections' to the Planning Dept myself about the increase in traffic on narrow roads, especially as the development was to include a new primary school and health centre. As far as I understand, my objection is on the Planning Portal for all to see. The development has been 'on' and 'off' for the past 10 years; at one stage it was totally 'off' since the LA had more than fulfilled their building requirements for a few years. Almost overnight, it is back on - with the developer's access road laid in a week.

It'll happen, NG, almost certainly. So I'd start trying to look at the positives. Honest positives - don't lie to anyone, and admit you don't approve, but then try and focus on how it probably won't be as bad as you think, how little it should affect your property and road, how it might even make the area more appealing and up-market, how it may attract useful facilities, etc (tho' I obviously haven't a clue about the circumstances in your area).