Planning Condition's

Jackjim57

Hi all,
Can I ask who is responsible for discharging Conditions. I recently purchased a new build, I looked into the planning portal and noticed that there was a request for a noise assessment to be completed and also Contamination conditions. I requested FOI and the LA confirmed that they had signed off the Planning without these conditions discharged. I have read the info regarding the Contamination, High levels of Benzene and Lead have been Identified, but the Council have known this for 4 months now and have only just asked the Developer to apply for a retrospective. I commissioned a Noise assessment and it revealed that the property is a danger to Health, as it is built so close to a busy A Road Acoustic windows and fencing were mentioned in the Planning we have no found out none of this has been installed. We purchased during Lock down, so the Road didn't appear that bad, it was only when we moved in and heard the the noise at 530 am we also found out that there is an Injunction on the A road due to the speed of Motorbikes. I have raised a complaint with the Council, but they are taking so long
Jackie

eddddy

As the property owner, you're likely to be responsible for any planning control breaches, as far as the council is concerned.

However, your solicitor should have checked on this kind of stuff during the purchase process. If the seller said anything misleading (via solicitors) you might have a claim against the seller for breach of contract.

Or if your solicitor failed to do all the relevant checks, you might have a claim against your solicitor for negligence.

daveyjp

Solicitors should go through the conditions and ask for evidence of discharges before progressing to completion.

Did you by chance use the developer's recommended solicitor? 

Jackjim57

when you go into the planning portal its says it Granted so the Solicitor would not need to pursue. I only found out through a FOI
It also came back in my Searches that Conditions Granted. No it was a Solicitor that was recommended through my Mortgage Adviser. I have raised a Complaint regarding the Solicitor, but they have have said if the Searches say Granted, there would be no need for them to look any further. Are they wrong 
? this whole thing is a Mind Field of confusion

user1977

Jackjim57 said:

when you go into the planning portal its says it Granted so the Solicitor would not need to pursue. I only found out through a FOI
It also came back in my Searches that Conditions Granted. No it was a Solicitor that was recommended through my Mortgage Adviser. I have raised a Complaint regarding the Solicitor, but they have have said if the Searches say Granted, there would be no need for them to look any further. Are they wrong ?

Yes, utterly wrong. The permission was granted with conditions. The conditions need to be discharged. If the conditions say that x, y and z need to be done before building starts (or before anybody moves in), and those things haven't been done, then effectively you don't have planning permission.

Section62

Jackjim57 said:

...as it is built so close to a busy A Road Acoustic windows and fencing were mentioned in the Planning we have no found out none of this has been installed. We purchased during Lock down, so the Road didn't appear that bad, it was only when we moved in and heard the the noise at 530 am we also found out that there is an Injunction on the A road due to the speed of Motorbikes. I have raised a complaint with the Council, but they are taking so long

Jackie

Are you this Jackie? 

https://www.thesun.co.uk/news/14638468/gran-350k-dream-home-seven-viewings-not-stupid/

If so, I'm surprised the council haven't dealt with your complaint much quicker, given the amount of national publicity it got.  Where have they got to with the complaint?

If you are someone different then have a read through all the press coverage of this case for ideas what you could do.

k3lvc

Section62 said:

Jackjim57 said:

...as it is built so close to a busy A Road Acoustic windows and fencing were mentioned in the Planning we have no found out none of this has been installed. We purchased during Lock down, so the Road didn't appear that bad, it was only when we moved in and heard the the noise at 530 am we also found out that there is an Injunction on the A road due to the speed of Motorbikes. I have raised a complaint with the Council, but they are taking so long

Jackie

Are you this Jackie? 

https://www.thesun.co.uk/news/14638468/gran-350k-dream-home-seven-viewings-not-stupid/

If so, I'm surprised the council haven't dealt with your complaint much quicker, given the amount of national publicity it got.  Where have they got to with the complaint?

If you are someone different then have a read through all the press coverage of this case for ideas what you could do.

Good call - I knew I'd seen the story somewhere before

As @user1977 says all this should have been sorted before exchange/completion

Jackjim57

it stipulates in the Search 6,7,8,10,14 Conditions Granted
Why is the Council then requested to do the Noise Assessment now, which have recently been completed just awaiting for the outcome. CEO of the Council has said he would consider buying the Property from me, but he needs to access everything. I have also recieved an unreserved apology frim the Head of Planning regarding the Conditions, and have also requested the Developer send a Retrospective application for the Contamination Conditions

Section62

Jackjim57 said:

CEO of the Council has said he would consider buying the Property from me, but he needs to access everything. I have also recieved an unreserved apology frim the Head of Planning regarding the Conditions, and have also requested the Developer send a Retrospective application for the Contamination Conditions

To be honest, if you are that Jackie and the council have made that offer, then your best bet is to sit tight rather than drawing more attention to the issue.

The council might not go as far as imposing a confidentiality clause on any agreement they make with you, but further publicity might lead to options for a negotiated settlement to be closed down.

If the council have accepted errors were made, and would buy the property from you at fair market value, then the details of the conditions are largely irrelevant.  Focus instead on getting the agreement made asap.

Section62

k3lvc said:

As @user1977 says all this should have been sorted before exchange/completion

Yes, the decision letter (if it is the same case) ran to 9 pages with 26 conditions and 16 informatives.

There was a lot of checking that somebody needed to have done before exchange.