Proof of discharge of planning conditions

thudspud

Hi

We are now over 3 months into buying our house and still struggling to get any further. 

My solicitor is asking for ‘Proof of discharge of planning conditions’

the sellers solicitor is saying this is highly irregular and such a document doesn’t exist.

is this unusual? I have looked at the application details of the LA planning portal  of our development which was built 10 years ago, I can see the conditions but no documents to prove they have been discharged.

can we tell our solicitor we don’t want this as this is now holding us up.

any help appreciated.

thanks

user1977

Yes, if you were making a cash purchase then it's entirely up to you what due diligence your solicitor does and whether you wish to follow their advice. But as (guessing from your previous thread) you're buying with a mortgage, your solicitor is also acting for the lender and may well not want to sign off to them before clarifying this point.

As for how important it is, it's difficult for us to judge without seeing the planning conditions you're talking about. What are they? I would say buyers would generally take a view on this sort of stuff after a decade, assuming the conditions aren't unusual and the development isn't still ongoing in some way.

thudspud

Hi, thanks, as you have read I am buying with a mortgage. I believe these are the conditions:

Conditions & Reasons Imposed:

01

The details of the scale, layout, landscaping and appearance (the reserved matters) hereby

approved shall relate to the area shown outlined in red on the approved site plan and the

development shall only take place in accordance with the submitted details and specifications

as shown on the approved plans (as set out below) except as shall be otherwise agreed in

writing by the Local Planning Authority.

(Site Layout - drawing number 2171/01 Revision C)(Received 22/06/2011)

(Site Layout (Coloured) - drawing number 2171/01-Col Revision A) (Received 22/06/2011)

(Detailed Landscape Layout - drawing number 2171/11 Revision (Received 22/06/2011)

(Landscape Design Statement Revision (Received 22/06/201 1)

(Specification for Planting and Grass Seeding Revision (Received 22/06/2011)

(Tree Survey, Arboricultural Implementations Assessment and Arboricultural Method

Statement Revision (Received 22/06/2011)

(Planning Sections / Street Scenes - drawing no.2171/FCL Revision (Received

22/06/2011)

(Footpath / Cycle Link Principals Layout - drawing no.2171/FCL Revision B (Received

22/06/2011)

(Green Belt Management Areas Layout - drawing no. 2171/GB Revision (Received

22/06/2011)

(Land Transfer Proposals Layout - drawing no,2171/LTP Revision A) (Received 22/06/201 1)

(Method Statement for the implementation of the footpath / cycle link in conjunction with the

proposed hedge works along Outgang Lane). (Received 22/06/2011)

To define the approval and for the avoidance of doubt.

02

No development shall take place until samples of the materials to be used in the construction

of the external surfaces of the development hereby permitted have been submitted to and

approved in writing by the Local Planning Authority and the development shall be carried out

in accordance with the approved details.

To ensure that appropriate materials are used in the construction of the development in the

interests of visual amenity and in accordance with UP Policy ENV3.1 Development and the

Environment'.

03

The proposed temporary fencing and permanent boundary treatment along the length of the

retained hedgerow at Outgang Lane shall be in accordance with the details specified in the

Tree Survey Report and Site Layout drawing respectively. The treatment of the watercourse,

bank-side and new embankment vegetation shall be in accordance with the Detailed

Landscape Layout and the Landscape Design Statement.

To ensure the protection and enhancement of the hedgerow adjacent to Outgang Lane to

promote biodiversity in accordance with UP Policy ENV3.4 Trees, Woodlands and

Hedgerows' and advice contained in PPS9 'Biodiversity and Geological Conservation'.

04

Prior to the commencement of development a detailed method statement for the reduction

and treatment of the retained hedgerow at Outgang Lane, including a schedule for

implementation, shall be submitted to and approved by the Local Planning Authority. The

statement should contain details of the treatment of each section of the hedgerow and should

identify opportunities for traditional rejuvenation methods and for supplementary planting.

The agreed statement shall thereafter be implemented before the development is brought into use

To ensure the protection and enhancement of the hedgerow adjacent to Outgang Lane to

promote biodiversity in accordance with UP Policy ENV3.4 Trees, Woodlands and

Hedgerows' and advice contained in PPS9 'Biodiversity and Geological Conservation'

Thanks

Chris

user1977

So conditions 1 and 3 are just to build in accordance with the plans, they don't have anything needing discharged.

2 and 4 needed further details approved by the planners, but after a decade I don't see the risk, even if they never actually approved the details. The council aren't going to turn up one day and e.g. demand the houses are rebuilt with a different colour of brick. I don't think that's even legally possible, though others may be able to quote chapter and verse.

thudspud

Thankyou, you made sense of what I couldn’t.

what form would the proof of discharge take as from a bit of Googling it looks like some councils have a online form to request it, but not mine sadly.

thudspud

Could this be what we are after?

user1977

Could be - though often it's little more than correspondence on the planning file between the developer and council. The council should be able to provide it if anybody really needed to see it.

thudspud

Thanks, I have sent an enquiry to the planning department

Section62

thudspud said:

Could this be what we are after?

No, that's the application for full consent after they obtained outline approval.  The decision on this application was the one which imposed the conditions there is some concern over.

There was a later application received by the council on 13/10/2011 for discharge of conditions 1 to 5.  It appears they discharged conditions 2, 3, and 5 in a letter dated 08/04/2013.  The same letter refers to a breach of condition 4 - and formally requests that the applicant applies again for the discharge of condition 4 within 28 days of the letter.

I couldn't see a subsequent application, so it isn't clear whether this issue was resolved.

I'll PM you a link to the application to discharge the conditions.  The decision letter for that application is the proof you need in relation to conditions 2, 3, and 5.

thudspud

Can’t thank you enough for this, looks like exactly what we needed, worried my solicitor will not be happy about condition 4 not being discharged though.

thudspud

Well we have reached stalemate, my solicitor will not proceed with this condition not having been discharged, I don’t know what to do, sellers solicitor not being helpful. Dozens of houses have sold on this estate in the last year, need to speak to some neighbours to see if they had this issue, most likely I think it normally goes unnoticed.