sold house in sept07, oct07 pllaning permission is given and my buyers arent happy

MissMoneypenny

stolt wrote: »

We objected back in march when the original application was issued.I actually wrote to the council to be asked to kept informed of any new or appeals etc but heard nothing

According to your link
http://www.rochford.gov.uk/PublicAcc...OPERTY&module=
the date decision issued was 5 April 2007 and an appeal was lodged by the developer less than a week later, on 12 April 2007. I assume this is why the residents set up a committee and hired a solicitor.

stolt

but i think that was cancelled or refused, i would need to check that and possibly talk to the old neighbours if i can get to our road without the current buyers lynching me there. i was not told by anyone that a appeal was lodged. In fact i only found that out by looking on the councils website. (Not that anyone is going to believe me, i'm sure the council will say 'but a letter was sent out' but i never lodged another complaint because i didnt see anything going ahead. Surely if the appeal was lodged that early the searches would have brought it up.

MissMoneypenny

I'm getting a bit confused with the dates. From the link you gave and what you have said on your threads. Have I got this right?

22 Feb 2007 council receive planning application for 7 flats with a car park of 10 spaces and a detached house with 2 parking spaces. All to be accessed from your cul de sac. The flats entrance will be 50ft from the boundary of your house.

March 2007. You write and object to the planning application.

5 April 2007 Date Decision Issued (refusal)

Residents of the cul de sac set up a committee.

“The committe was set up to fight any further plans or appeals if that happened they all thought that the original applicant would get tired of the objections (it was a small husband and wife team)”

“The rest of residents set up a committee type thing (that employed there own solicitor) but as we were thinking of moving we didnt contribute to the costs of the solicitor or go the meetings.”

12 April 2007 Appeal lodged.

You put your house on the market.

June 2007 Your buyer views your house.

You signed to say that there was no known planning application.

19 September 2007 House Sale completed.
You move into rented accommodation.

3 weeks later you get a phone call from your solicitor as your elderly buyers have found out about the planning application and are distraught.
http://forums.moneysavingexpert.com/showthread.html?t=571608

12 October 2007 Date of Decision of Appeal (From your link to the council planning application)

Is that how it went?

Richard_Webster

Going back to the first post:

surely the land searches would have pulled up that the application had been made in the same year and rather than trying to take me to court they should be looking at the people that did the searches, isn't that what they are for, and what you pay your money for.

A common misapprehension, I'm afraid...

Ordinary local authority search DOES NOT give information about planning decisions in relation to nearby land, only the property itself.

MissMoneypenny

Richard_Webster wrote: »

Going back to the first post:



A common misapprehension, I'm afraid...

Ordinary local authority search DOES NOT give information about planning decisions in relation to nearby land, only the property itself.

I'm going off topic slightly...sorry OP. How can a buyer find out information about planning applications in the area, Richard?

silvercar

Our search showed up an application made to knock down and rebuild the house next door.

stolt

MissMoneypenny wrote: »

I'm getting a bit confused with the dates. From the link you gave and what you have said on your threads. Have I got this right?

22 Feb 2007 council receive planning application for 7 flats with a car park of 10 spaces and a detached house with 2 parking spaces. All to be accessed from your cul de sac. The flats entrance will be 50ft from the boundary of your house.
I need to check the paperwork I have for it all, its gone into a box with all the other stuff (still in rented at the moment!) but this sounds right. Our house was originally advertised in January and sold to first buyers who then had a problems with their mortgage application and we hadn't found a house so were in no rush either.


March 2007. You write and object to the planning application.

5 April 2007 Date Decision Issued (refusal)

“The committe was set up to fight any further plans or appeals if that happened they all thought that the original applicant would get tired of the objections (it was a small husband and wife team)”

“The rest of residents set up a committee type thing (that employed there own solicitor) but as we were thinking of moving we didnt contribute to the costs of the solicitor or go the meetings.”

12 April 2007 Appeal lodged.
I spoke to the duty officer at the planning department this mornign about the appeal she said that a letter was sent to me on the 16th of may and that they have a letter from me ont he 2nd of May objecting to the appeal, not sure how i can appeal to somethign that i'm not told about but she said that it could be typo in the councils system. So in that case I did know.

You put your house on the market.

June 2007 Your buyer views your house.
House goes back on the market and another couple are interested in it and decide they want it.
You signed to say that there was no known planning application.
Yes thats correct

19 September 2007 House Sale completed.
You move into rented accommodation.]
yes correct

3 weeks later you get a phone call from your solicitor as your elderly buyers have found out about the planning application and are distraught.
http://forums.moneysavingexpert.com/showthread.html?t=571608

12 October 2007 Date of Decision of Appeal (From your link to the council planning application)

Is that how it went?

thats about it yes, i put it to the duty officer that the letter they had ont he 2nd of may was the original rejection letter to the applciation, she is going to look into this for me.

As far as I understood it from the councils website the april application was withdrawn by the applicant and th form asks if you are aware of any outstanding planning applications that might affect the property, not if you are aware of any historical applications that may or not have been granted.

Surely its a matter for thee buyer's solicitor who should have picked up the appeal during the searches, as I say this house isnt officially part of the road we live in (our cul de sac was made out of the grounds of the hosue that is to be converted but it has a different addres ie the main road that our house is accessed off), i would have known about any other applications other than those of my next door neighbours.

stolt

stolt wrote: »

thats about it yes, i put it to the duty officer that the letter they had ont he 2nd of may was the original rejection letter to the applciation, she is going to look into this for me.

As far as I understood it from the councils website the april application was withdrawn by the applicant and th form asks if you are aware of any outstanding planning applications that might affect the property, not if you are aware of any historical applications that may or not have been granted.

Surely its a matter for thee buyer's solicitor who should have picked up the appeal during the searches, as I say this house isnt officially part of the road we live in (our cul de sac was made out of the grounds of the hosue that is to be converted but it has a different addres ie the main road that our house is accessed off), i would have known about any other applications other than those of my next door neighbours.

Also i don't know what the complaint is about, the views won't be interupted because its all residential houses around the area, it must be based traffic but even then I cant see that being a problem. i dont see how the value of the house will de-value because there is already a house on the grounds with access in the cul de sac.

silvercar

The best advice I can give is to keep to your original short statements, don't get involved in protracted debates.

stolt

silvercar wrote: »

The best advice I can give is to keep to your original short statements, don't get involved in protracted debates.

ok thanks, never recvd the letters today from our solicitors so curious what its about.