Shall I buy a house with retrospective planning recently refused?

Section62

utc25 said:

theoretica said:

If it was just the roof tiles it seems strange to me that it would be a flat refusal - rather than something more conditional or clear guidance.  Maybe planning just doesn't work that way.  DO you have a solicitor yet?  What do they say about the refusal letter?

For a simple example, I think I read somewhere about a street with brick front wall, then someone built a 2m wooden fence. Council asked it to be torn down.

That may well be because 2m is higher than permitted development would allow in a front garden, or it could be that a lower wall/fence was required for visibility/sightline purposes.

Normally you could replace a 1m wall with a 1m wooden fence as permitted development... unless there were planning conditions requiring the wall to be retained, or permitted development rights had been removed, or there was something special such as a listed building, conservation area etc etc.

Unless one of those special situations applied, changing your roof tiles from one style to another (without any other modification) wouldn't normally be a planning matter... so refusal of this retrospective application looks a bit 'odd', unless there are other issues involved.

If you are still thinking about buying you'd need to find out exactly what the situation is - you couldn't safely assume that just changing the tiles and windows would guarantee approval of a subsequent application.

ThisIsWeird

pinkshoes said:

You said that the EA said it had planning permission, but upon you doing some digging you found out it doesn't. What does the EA say about this? I would also be putting it in writing to the EA that you have been made aware that the extension and loft conversion have been refused planning permission, so could you see some documentation showing it has since been approved. 

The good news is that, since the EA 'now' knows there's an issue, they have to declare it to any other potential buyers. And we know that EAs are always  very conscientious about doing this.

Like our local one who tried to sell a subsiding bungalow 5 times, each sale failing only after the buyers had their own surveys done.

On a serious note, the onus and pressure is now surely on the seller to sort this out, if not for this buyer, then just to be able to sell at all (except at a dizzying discount).

penners324

Run away and quickly

stuhse

If it's the house you want, just tell the EA you will be ready with your offer as soon as the seller has sorted out the planning issue.

It seems to me all they have to do is talk to the planners about what tiles and windows they want to be specified and the application would then be accepted.

utc25

Many thanks for all who replied. I was about to forget this property as it had SOLD sign outside when suddenly EA called me offering the house as one of previous viewers. The first buyer had cancelled (perhaps by reading this thread, who knows?).

I searched the planning register again in the hope perhaps seller decided to comply with Council enforcement, instead I found seller just made a new retrospective application with nothing change. Still the same grey tiles in contrast to the neighbourhood. This time he applied by himself rather than using agent.

And I thought once retrospective is refused you can only appeal to the higher level? Can you appeal on the base of poverty?

MeteredOut

utc25 said:

Many thanks for all who replied. I was about to forget this property as it had SOLD sign outside when suddenly EA called me offering the house as one of previous viewers. The first buyer had cancelled (perhaps by reading this thread, who knows?).

I searched the planning register again in the hope perhaps seller decided to comply with Council enforcement, instead I found seller just made a new retrospective application with nothing change. Still the same grey tiles in contrast to the neighbourhood. This time he applied by himself rather than using agent.

And I thought once retrospective is refused you can only appeal to the higher level? Can you appeal on the base of poverty?

I can't believe a planning officer would ever approve planning on the basis of the applicants financial position (and, many would argue, neither should they). And the fact that it is a retrospective application (so the applicant did have the funds to complete the works) would probably be in the back of their mind too...

Tell the agent to get back to you once a retrospective application has been approved.

ReadingTim

If you need a mortgage to buy it and it's currently unmortgageable, then unless the vendor reduces the price to an amount that means you can buy it for cash, then you can't buy this place whether you wanted to or not - the decision has been made for you.  

Herzlos

It doesn't sound like it's an easy fix like just changing the windows. It probably needs to be removed or partially rebuilt to the appropriate dimensions.

So if you really like the house, I'd only be entertaining an offer that's subject to it having planning permission granted and is mortgageable again.

Or you can always offer based on the value of the restored house minus the cost of the restoration.

Divorcing_Dad

utc25 said:

It is also available in reduced price for over 60 (which I am not) schema. Think buyer on this schema is paying rent for life instead of mortgage, cmiiw.

I'm confused. This sounds like an over 60s scheme which are usually a lifetime lease.
But surely, if it is, they wouldn't be allowed to make huge alterations to the property?

And if you're not over 60, you're not entitled to buy it anyway and it will have planning permission that only allows this.

utc25

No, no, I was just highlighted that the property was also put on over 60s scheme at cheaper price. You are right, it is a lifetime lease. Company will own the house, not buyer. I was only pointing out that the older buyer is more likely (no ageism intended) missed the planning permission check part. 

The company will inherit the problem, but where will the older buyer stay while the property undergoing building work from enforcement? Surely they will have financial hit when at worst the enforcement could ask for reverting the state of the property?

Anyway, I have made up my mind, I will not buy this property. It seems dodgy. The  original refused retrospective applications had objections from neighbours. And now a new retrospective application with no change, has been submitted again.

I will find a different property, perhaps in area with different council.