Planning Condition Discharge

Lews100

Hi All, 

Looking for any advice /  thoughts. 

I'm selling my house and purchasing on a new development. We are close to the deadline now of the 23rd Feb however, my solicitors have asked me to pay £205 for an indemnity policy for a planning condition discharge. It's also £95+VAT for them to organise this. 

From the email they've sent, I have no choice but to pay as raising with the council potentially would take weeks and we would miss the deadline. 

I was wondering if anyone had any experience in this and why this wasn't an issue when i was purchasing the house but is now I'm selling? 

Thanks  

user1977

What's the planning condition about?

Lews100

user1977 said:

What's the planning condition about?

I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 

Section62

Lews100 said:

user1977 said:

What's the planning condition about?

I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 

If the development is relatively recent the council's website should have all the documents attached to the development's planning case.

Your solicitor should be able to tell you which condition(s) there are concerns about.  I'd be unhappy with a solicitor who was asking me to pay over £300 without being able to explain exactly why.

user1977

Lews100 said:

user1977 said:

What's the planning condition about?

I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 

Why are you paying a solicitor who isn't explaining to you what's going on?

Lews100

user1977 said:

Lews100 said:

user1977 said:

What's the planning condition about?

I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 

Why are you paying a solicitor who isn't explaining to you what's going on?

They've told me about it being planning condition just not exactly which condition. I will ask though. 

Section62 said:

Lews100 said:

user1977 said:

What's the planning condition about?

I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 

If the development is relatively recent the council's website should have all the documents attached to the development's planning case.

Your solicitor should be able to tell you which condition(s) there are concerns about.  I'd be unhappy with a solicitor who was asking me to pay over £300 without being able to explain exactly why.

I've tried to search my development on the councils site but nothing has come up weirdly as others local have. 

Section62

Lews100 said:

Section62 said:

I've tried to search my development on the councils site but nothing has come up weirdly as others local have. 

Are you limiting the search by time period?  If so the original (possibly 'outline') application may be much earlier than you are expecting.  On larger developments it isn't unusual to have 5 or even 10 years from the initial planning application and spades going in the ground.

Alternatively, if you are searching by postcode or road name, the application site is likely to have had a different postcode and address at the time the application was made.

If they have it, also try a map search.

Titus_Wadd

How old is the house, the council is less likely to issue a breach of condition notice the older the houses on the estate.  But if you find out what it requires - our house had conditions such as "cycle storage in the garage" (that's bikes locked to the shelving unit) or a "recycling and refuse station" (place to park the wheelie bins so that don't look a mess).  The condition might already be complied with, so worth checking which conditions are worrying the solicitor. 

User9625

Lews100 said:

user1977 said:

What's the planning condition about?

I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 

Hi, did you get to the bottom of this? Found myself in a similar situation regarding Barrats new build which we are looking to sell.