HELP! Buying new build house but 2 planning permissions not able to be discharged yet

BSCoulby

Hi, I am deep into the process of buying a new build Persimmon house and my Conveyancer has been informed by the developer's Solicitors that the council will not discharge 2 planning permissions at this stage - permission 9 (relating to concerns about levels and drainage in an area at the opposite end of the development to my plot) and 11 (unsure what this relates to). 
I have basically been told its up to me whether I want to proceed but I am not sure of the risks, whether it is nothing much to worry about, or whether I should just walk away,   Any experience would be appreciated.   

user1977

Presumably you're paying your conveyancers lots of money to give you advice, so...have you tried asking them for advice?

Are you buying with a mortgage and if so are your conveyancers prepared to sign off to your lender that this is all fine, irrespective of what you think?

BSCoulby

user1977 said:

Presumably you're paying your conveyancers lots of money to give you advice, so...have you tried asking them for advice?

Are you buying with a mortgage and if so are your conveyancers prepared to sign off to your lender that this is all fine, irrespective of what you think?

Hi thanks for your reply.  I am a cash buyer and yes I am paying Conveyancers lots of money for this transaction, however they have informed me it's my decision, but I was hoping for more guidance in reaching that decision.  I now know that Condition 11 relates to surface water.  
I have asked now what the worst case scenario would be and whether it could be considered from their point of view unwise to proceed at all.  Also asked if there is the possibility of taking out an indemnity to mitigate any potential risk/what those risks are.  Persimmon and the Council are being extremely slow and quite unhelpful with replies to these conditions and requests for letters of comfort prior to discharge of the conditions.  It's hard to know what to do.  

It'd be helpful if anyone else has encountered this problem, their own actions/experiences and the outcome please.  
Thanks. 

EssexHebridean

Have the conveyancers given you a detailed report on the risks involved? If not, I'd suggesting asking them for one, allowing that you aren't qualified to make an informed decision without it. Giving you the headlines and then saying "it's your decision" isn't giving advice, in fact it's not even giving much confidence that they actually know the answers! 

user1977

BSCoulby said:

user1977 said:

Presumably you're paying your conveyancers lots of money to give you advice, so...have you tried asking them for advice?

Are you buying with a mortgage and if so are your conveyancers prepared to sign off to your lender that this is all fine, irrespective of what you think?

yes I am paying Conveyancers lots of money for this transaction, however they have informed me it's my decision, but I was hoping for more guidance in reaching that decision.

But aren't the conveyancers giving you any guidance? That is their job, not just to shrug their shoulders and say it's up to you.

ProDave

Find and download the planning permission from your council web site.  That will tell you all the conditions (these are conditions attached to the planning permission you are talking about)

It is likely the whole development was granted under one planning application, so the conditions might not apply to your particular house.

BUT read the conditions thoroughly.  Most conditions say when they have to be addressed.  Some will be before development even starts, some will be before occupation of the houses.  If these 2 outstanding conditions say they must be discharged before occupation of any of the houses, then you have a problem (and the developer an even bigger problem)

This is exactly what your conveyencor should be doing.  Did you employ an independant one to do a thorough job, or the one receommended by the developer who might be doing an absolute minimum job?

EssexHebridean

Also - is this a solicitor who does conveyancing, or a “conveyancer”? If the latter that is probably why you’re not getting any proper advice. 

ka7e

My Mum was purchasing a new-build when her solicitor flagged several issues that meant that the Council refused to sign off on the development. He advised her to pause proceedings until they were dealt with and also informed the developer the properties already sold were occupied illegally. The developers blustered a bit (claiming it was all in hand and that Mum's solicitor was overreacting!)  but rapidly applied for the planning changes and a lot of pressure was put on the Council to expedite the new permissions. It took about 6 weeks to sort out.

One of the main issues was with drainage and we were advised that insufficient drainage could have a knock-on effect for the whole development. The other issues did not affect Mum's new property, but there was no Council sign-off until new permissions had been sought and granted.