TA6 Notices

Mizydoscape

The TA6 form states "Is the seller aware of any proposals to develop property or land nearby, or of any proposals to make alterations to buildings nearby? If Yes, please give details"

Our neighbour was granted planning permission for a new dwelling in the garden in 2018. Planning has now lapsed. Assuming this still needs to be mentioned as we received a letter about it and I objected (not that it did any good)?

user1977

I would say that's no longer a proposal, given they'd need a fresh planning application if they wanted to go ahead.

Davesnave

user1977 said:

I would say that's no longer a proposal, given they'd need a fresh planning application if they wanted to go ahead.

I'd agree. This must relate to current proposals, or else where would be the temporal cut off point?

Mizydoscape

Oooh interesting ok thanks! Hopefully he doesn't apply again before exchange then!

GDB2222

Would you know that planning has lapsed? The requirement is to make a material start on the work within 3 years. I guess you would know if the foundations had been dug?

It would be prudent to check the planning portal, in case a renewal application was made. That would usually give the applicants an extra 5 years. I don’t know what your local authority does, but they may well not consult on renewal applications, so it may have gone through without your knowing. 

A whole new dwelling next door is a major development, and you need to be 100% sure if you choose not to mention it. I’m surprised that you are seeking advice on a forum like this on such an important issue. 

Davesnave

Mizydoscape said:

Oooh interesting ok thanks! Hopefully he doesn't apply again before exchange then!

As GBD says, it's important your knowledge and what you've told us is up to date, not simply what you've  assumed from work not starting.

Mizydoscape

Obviously I'll speak to my solicitor about this as well.

The work has not begun, the site has not changed (still garden) and I have checked the local planning portal.

The neighbour's property is advertised for auction at the end of July and the particulars state "House with lapsed planning". 

I am happy to mention it in the TA6 form if required. My estate agent is also aware so I've made no attempt to hide this. It is what it is.

GDB2222

Mizydoscape said:

Obviously I'll speak to my solicitor about this as well.

The work has not begun, the site has not changed (still garden) and I have checked the local planning portal.

The neighbour's property is advertised for auction at the end of July and the particulars state "House with lapsed planning". 

I am happy to mention it in the TA6 form if required. My estate agent is also aware so I've made no attempt to hide this. It is what it is.

Would you mind posting again once you have spoken to your solicitor, please?

JJR45

Why not mention it but state it is lapsed?
If next door is going up for auction stating it, you don't really have much choice about acknowledging it.

Mizydoscape

@GDB2222 you asked me to update once we were at the stage of checking with solicitors and they have advised to mention it on the form as lapsed so we will do.