Proof of discharge of planning conditions

Alchopops

Not sure how much help this will be but we had this exact issue, our conveyancer was very thorough and needed the conditions discharged before we could agree exchange (6 house new build with independent developer), our sellers solicitor had not come across this from any other buyer so they had to do additional work to ensure it could be discharged by the council - I think in our case they had to put a pipe in the ground for two weeks for testing? This caused a bit of a delay but I'm glad our conveyancer was more on top of things than any of the other 5 buyers solicitors were. Not sure if that helps at all! 

user1977

Please ask your solicitor to explain exactly what risk they think they're protecting you and your lender against.

Section62

user1977 said:

Please ask your solicitor to explain exactly what risk they think they're protecting you and your lender against.

If they've seen the letter of 08/04/2013 then they are probably concerned about the threat of enforcement action and nothing further appearing to have happened since.

But I agree the OP should put the question to the solicitor.

thudspud

Thanks, will ask that question.

I have managed to speak to the exact person in the planning department who wrote the original discharge letter on 8/4/13 and he is also dumbfounded that this is an issue so many years after they were built and no enforcement would ever even be considered, shame I don’t have this in writing.

thudspud

Section62 said:

user1977 said:

Please ask your solicitor to explain exactly what risk they think they're protecting you and your lender against.

If they've seen the letter of 08/04/2013 then they are probably concerned about the threat of enforcement action and nothing further appearing to have happened since.

But I agree the OP should put the question to the solicitor.

Still no further along, enforcement action is what he is worrying about. The council have verbally told us this would never happen but I get radio silence when I ask them to put something I writing.

From further reading it appears that no enforcement action can be taken after 10 years since the breach occurred, we are almost 11 years in as the breach occurred the minute they started construction in November 2011. Is this true? I have mentioned this in an email but it has been completely ignored.

Don’t know what to do other than start again with another solicitor.

There are 92 properties on this estate, most have sold at least twice so around 200 transactions, went knocking on neighbours doors at the weekend to ask if this had affected anyone else, blank looks from everyone!