Received Notice of Planning Application During Conveyancing

RFC2324

We are selling and close to exchange as part of the conveyancing process and received a notice today of a planning proposal for land adjoining our property. Which wasn't particularly welcome as anyone can imagine. We've completed the pre-sale questions and at the tie we checked the local plan to ensure there was nothing in the pipeline; there wasn't. It appears this application went in a few weeks after we checked. 

What are our obligations? We don't know if the buyer's solicitors missed this as well, or if they are aware through their own searches. We completed the original questionnaire in good faith, and carried out our own checks to ensure that we were giving best information. From what we can gather the developer has been particularly sneaky about this as they face an uphill battle and know it. There would have to be several code breaches to allow this. Beyond the residential boundary, breaching the growth of the village, environmental issues. Personally I don't think they have a snowball in hell's chance. But that is immaterial, we need to know what our legal obligations are.  

DE_612183

I would check with your solicitor but I would guess when you "exchange" you are signing that the information provided is to the "best of your knowledge"

As you will have received official notification of the application, I can't see any way you cam withhold that information.

As with these type of things - if you were buying a property how would you feel if the vendor deliberately mis-led you? 

user1977

You need to update any answers in the questionnaire which change prior to exchange.

RAS

If you are pro-active, you can explain why you think this application will fail, possibly agree an objection and maybe keep your buyer. If they find out in the local pub, you'll lose them.

eddddy

As above, send the info to your solicitor - who will almost certainly inform the buyer's solicitor.

If you have a good EA, explain the situation to them, and they can give the buyer a call to have a "chat" about it - rather than the buyer finding out from a rather stark letter from their solicitor.

canaldumidi

If your earlier answers are no longer applicable you have to update them.

You will have noticed when you completed the Download a specimen TA6 form (PDF 793 KB)  that it says:

If you later become aware of any information which would alter
any replies you have given, you must inform your solicitor
immediately. This is as important as giving the right answers in
the first place.

How did you originally answer S3.1 of form TA6?

RFC2324

Firstly we contacted the agent, who is very good. They took a copy of the notice and spoke directly to our buyer, then forwarded the notice to our solicitor. Who in turn forwarded it to the buyer's solicitor.

Everyone is now informed, and this is the correct way forward. It covers us as much as anything else. The buyer is 'spooked' but not running for the hills..... yet.

It turns out that there was a meeting last night at which the Parish Council has flatly rejected the proposal. For very good (not NIMBY) reasoning. There is massive objection from residents. I have also objected on the application. Being careful to remain objective in my response. It's in the hands of the District Council now. Where there is also at least some objection already.

Fingers crossed it won't affect our sale. But we're much happier that, regardless, we at least informed the agent the same day we received the notice. 

canaldumidi

For future reference, it's not the agent who needs informing, it's the buyer's solicitor via your solicitor.

But in this case that has been achieved.

RFC2324

The result was, the buyer pulled out. Their loss. The proposal is highly likely to be refused. It's a beautiful family home on a 7000 sq/ft plot, with planning approved for further extension, we started it, the next person can continue it if they choose. We have time as we are going into rented for a while anyway as our proposed home won't be ready for some time.