Planning Permission Query

cheeky-peach

Evening all, this may be one for our solicitor but thought I'd ask just incase.

A property we are seriously considering purchasing has a piece of land behind which is also owned by the same vendor. The vendor is selling both land and property separately.

The land has approved planning permission for a 4 bed dwelling and a garage with an access road . The access road could only be built as a result of knocking down the garage on the existing plot (what we would be looking to purchase) and using a narrowish strip of land to the left of the garage.

The plans states that the existing double garage will be demolished and a single garage would be constructed to serve existing plot.

Not sure if anyone has had a similar experience but we have thought of the following questions we have for the vendor: 1. Separate planning permission is required. Has this already been sought? If not, who would be responsible for financing the application and corresponding plans and its construction. 
2. Assuming the access road would be required first off, which would mean demolition of the existing Garage early on, would there be a requirement for the replacement garage to be put up soonest or would it be a case of as and when. 

When the plans were approved in 2017, is it likely that the fact that the applicant owned both pieces of land was a factor? 

In the grand scheme of things, we aren't too fussed about having a small garage but we don't want to be in a position where we'd have to pay for a replacement when it's not our wanting or if we would be without a garage for a period of time.

Thanks for reading! Any thoughts arou d this appreciated.

AdrianC

If they're selling the house with the garage and that strip of land, then they've clearly decided that the plans aren't happening. They CANNOT demolish your garage and put the access road across your land just because they have PP. PP does not consider land ownership.

Apart from anything else, if they haven't started work within 3yrs of PP being granted, it expires. Sure, they could re-apply... but...

cheeky-peach

Thanks! It does say on there 5 years but your first point is the takeaway. Thanks! 

cheeky-peach

Thinking about it, could they include a clause in the sale of the property to say that by purchasing we agree to enable the creation of said access road? 

AdrianC

cheeky-peach said:

Thanks! It does say on there 5 years but your first point is the takeaway. Thanks! 

OK, three is the normal, but it can be longer.

cheeky-peach said:

Thinking about it, could they include a clause in the sale of the property to say that by purchasing we agree to enable the creation of said access road? 

If you agree to it, yes, absolutely.
If you agreed to it, they could put a clause in that says you'll pay for the house to be built... I mean, obvs, you wouldn't, but...

princeofpounds

Planning permission is a red herring. What you need to find out is what the vendors actually intend to do.

We obviously can't know their mind or the viability of their project, but there is a good chance that if you want to buy the house, what you will be sold will not be what you see. You may get part way into the transaction and then find them presenting title plans with a right of way over 'your' property to get to the land plot, and a garage that gets demolished at some point.

Best not to spend any fees here until you understand exactly what is going on. And any assurances you are relying on should form part of any contract.

As to your specific questions:

1) Separate planning is required for what? The single garage? Possibly not if built under permitted development rules. Or, it may not be built. Just because this is a feature of the last submitted plans doesn't mean it has to happen in reality.

2) There is no requirement to put up a new garage, unless it is an explicit condition of planning (unlikely) and that doesn't change in any subsequent iteration.

You seem to be under the impression that planning permission will determine what happens to the plots. That's not really how it works - it's an official assent to that particular plan, but plans can be altered and frequently are.

cheeky-peach

Thanks princeofpounds. 
From what I understand, the vendors have an idea of what they want to do based on the current situation. Assuming they sell both plots to different people, what they then intend to do, is not the reality really.

Do you know if the understanding can be gained via the EA or is it best to seek advice from my solicitor? 

The PP in place does state that additional planning permission is required for the 'replacement' garage. I asked the vendor who was responsible for building the replacement garage and he said the builders who would be working on the new site but again, this is just words at the moment and nothing concrete.

sheramber

If he sells the plot what happens after is out of his hands. 
 The builder might build the garage but who pays for it?

BikingBud

The fact that this apparently lovely plot has been on for nearly a year indicates the difficulties and impracticalities of what you are seeing:
https://www.rightmove.co.uk/commercial-property-for-sale/property-81219427.html

"Demolition of Garage & Works The purchaser will be obligated to demolish the existing garage at No. 36 and make good the adjoining wall to the existing dwelling. The purchaser will erect a lean-to outbuilding constructed from two skin brickwork with a cavity measuring 1.9m wide x 6m long along the gable end of the existing dwelling. The outbuilding will contain an access door at the east and west ends and a single window in the south elevation. The south elevation will adjoin the boundary to the access road. All the above works are to be completed within a time period to be agreed."

teachfast

sheramber said:

If he sells the plot what happens after is out of his hands. 
 The builder might build the garage but who pays for it?

Unless he sneaks something into the contract. The point about checking this before you spend money is a good one.

AnotherJoe

cheeky-peach said:

Thanks princeofpounds. 
From what I understand, the vendors have an idea of what they want to do based on the current situation. Assuming they sell both plots to different people, what they then intend to do, is not the reality really.
Do you know if the understanding can be gained via the EA or is it best to seek advice from my solicitor?
The PP in place does state that additional planning permission is required for the 'replacement' garage. I asked the vendor who was responsible for building the replacement garage and he said the builders who would be working on the new site but again, this is just words at the moment and nothing concrete.

LOL you wont get anything from the EA they only know, at best, what theyve been told and even if thats correct the vendor could change their mind, if theyve sold the plot separately the new owner couldchange their mind or take years to put up a new garage, if ever, etc.

Your solicitor will first of all tell you to avoid,  and then get you to sign a document saying you agree this at your risk and they advised against it.

I wouldnt buy until i saw a new garage in place that had PP for it.