Seller did not disclose planning application

LV_426

We just moved into a house and found out that next door has had a planning application approved for an extension. The planned building will drastically reduce light coming in to the kitchen and upstairs bedroom.

The seller didn't disclose this to us. If they received the notification AFTER they filled in the 'property information' form (which has a section about pending planning applications) are they

1. Legally required to tell us about it?
2. If they are and they didn't, what are our options?

They could possibly deny receiving the notification of planning application, unless it was registered delivery, which I doubt.

This planning application also did not appear on the search we paid for. However I suspect the search provider will say the planning application was submitted after they ran the search. And btw the date on the report is 5 days after the planning application was submitted according to the local authority's website.

Had we known about this planning application, we would have objected.

NameUnavailable

I don't know the rules re. the form but I know you can look on the council's website to see if there were any objections to the plans from any neighbours.

Any house you buy could have changes to the immediate properties/land down the line, unless protected land etc. Even if you had found out and objected, it doesn't mean that anything would change - they have been deemed acceptable after all.

TheJP

Sounds like the sellers didn't know, quite often planners will grant planning if they feel it meets requirements. Notices are usually put up in the area but no one notices them. You would need to proof the sellers knew about the planning which is pretty hard to do.

Also objecting would have had to come from the seller and it doesn't mean that it would be blocked.

Your options are pull out, try and re-negotiate or get on with it. You may even see yourself extending in the future. 

LV_426

NameUnavailable said:

I don't know the rules re. the form but I know you can look on the council's website to see if there were any objections to the plans from any neighbours.

Any house you buy could have changes to the immediate properties/land down the line, unless protected land etc. Even if you had found out and objected, it doesn't mean that anything would change - they have been deemed acceptable after all.

Understood. However I would have liked the chance to make an objection. 

LV_426

TheJP said:

Sounds like the sellers didn't know, quite often planners will grant planning if they feel it meets requirements. Notices are usually put up in the area but no one notices them. You would need to proof the sellers knew about the planning which is pretty hard to do.

Also objecting would have had to come from the seller and it doesn't mean that it would be blocked.

Your options are pull out, try and re-negotiate or get on with it. You may even see yourself extending in the future. 

That's what I suspect, that the seller will deny knowledge. And there's no way to prove otherwise. We've already moved in. We don't wish to extend further as the house has already been extended nicely. It's not worth talking to the neighbours, as I don't want to upset them. Besides they've done nothing wrong.
It's unfortunate really, as the house is lovely and meets all our needs. Just a little annoying that this appears to be a gap in the process, and the timing was unlucky.
Of course the search provider has tacked on all kinds of caveats to the data provided, so I'm guessing they can easily wriggle out of any challenge.

MultiFuelBurner

If it didn't come up in your searches and to be honest if you didn't do any quick searches on the LA planning page then it's buyer beware.

user1977

Is the search meant to tell you about applications for the neighbouring property? Or merely the property you're buying?

You could of course have got fuller and more reliable information by checking the council website yourself, free of charge (or even set an alert to tell you as soon as nearby applications were made), but I appreciate it's too late now...

GDB2222

Is there a question on the property information forms for this? I can’t remember seeing one,

jonnydeppiwish!

Iirc 3.1/3.2 cover it. If they’ve filled in the forms prior to you completing your searches, then you can’t prove that the vendor knew. Most likely the neighbour has heard the sale going through and thought the timing was right.

Out of interest, what would you have objected to? Loss of light is unlikely, but especially if the angles have been checked.

Unfortunately, it’s buyers beware, when you move next time, keep an eye on the planning pages. 

propertyrental

Anyone can object to a planning application - not just the neighbour/owner. But objections have to be based on specific reasons. What (valid planning) reason would you have relied on? Simply objecting because "I don't like the plan' will be disregarded by the planners.

Your searches would have revealed any planning applications already submitted, relating to the property in question - not neighbouring properties (or opposite/down the road....). And not subsequent applications.

S 3.1 and 3.2 of the TA6 are relevant, assuming the seller had received planning notification. You could ask the council if/when it was sent.....

But to be honest buying a property is a big commitment so doing your own 'due diligence' is wise - ie checking (free) the council planning website.....

LV_426

Lot of incorrect assumptions here, as I would have expected. A number of comments assuming we didn't check the local planning applications. Of course we did. However this one came up in mid process after we'd done our checks, and we didn't recheck. Lesson learned I guess. 
Could well be the neighbours pulled a fast one here and timed it to coincide with the sale, knowing the outgoing residents would never protest.