Discovered future planning application for new development at back of house we are buying

user1977

BikingBud said:

Herzlos said:

linmarie said:

The estate agents keep telling us that this development will not go ahead as there will be too much opposition.

It'll need more than just opposition, you'd need a solid reason for planning application to be rejected. 

So you need to assume that at some point in the future that field will become houses and factor that in. 

I bet if you raise that as a contractual term you might get some teeth sucking and back pedalling and a true indication of their level of confidence! 

More likely to be laughed in the face - when have you ever heard of such a thing being agreed?

Albermarle

BikingBud said:

Herzlos said:

linmarie said:

The estate agents keep telling us that this development will not go ahead as there will be too much opposition.

It'll need more than just opposition, you'd need a solid reason for planning application to be rejected. 

So you need to assume that at some point in the future that field will become houses and factor that in. 

Or get the vendor/EA to underwrite any risk of price reduction should the development get built. 

Reduce price now or be liable for any impact upon the price downstream?

I bet if you raise that as a contractual term you might get some teeth sucking and back pedalling and a true indication of their level of confidence!

 

I can not imagine anyone agreeing to that, or even seriously considering it.

BikingBud

My point exactly - the OP then can also walk away laughing.

youth_leader

I looked at a lovely house locally in 2020 and then discovered through a local that planning permission had been approved for a housing estate in the fields behind the property.  I looked it up and it was extensive, 480 houses.  The land is a resting place for curlews and  I don't think any building has started yet, but the Duke of Northumberland owns the majority of the land here and I suspect the permission will be granted eventually.  

Herzlos

BikingBud said:

My point exactly - the OP then can also walk away laughing.

They'd be better just walking away now than wasting time with a ridiculous demand that will only ever be rejected. 

I don't think anyone would entertain any clauses about future price impacts, and that's assuming the estate actually makes a material difference to the house. What monetary figure would you put on a view of sheep and not houses?

Section62

Herzlos said:

BikingBud said:

My point exactly - the OP then can also walk away laughing.

They'd be better just walking away now than wasting time with a ridiculous demand that will only ever be rejected. 

I don't think anyone would entertain any clauses about future price impacts, and that's assuming the estate actually makes a material difference to the house. What monetary figure would you put on a view of sheep and not houses?

A few hundred thousand would do it for me.

EssexHebridean

If it was the view that made the house desirable, and that view is now under threat, what remains to leave you feeling that you still want to purchase the house?  Even if the current application doesn't succeed, there may be a revised one put in which will be passed, or another in a few years... 

BikingBud

Herzlos said:

BikingBud said:

My point exactly - the OP then can also walk away laughing.

They'd be better just walking away now than wasting time with a ridiculous demand that will only ever be rejected. 

I don't think anyone would entertain any clauses about future price impacts, and that's assuming the estate actually makes a material difference to the house. What monetary figure would you put on a view of sheep and not houses?

The estate agent started it!

Why not call them out on the stupidity they show?

Behaviours that go unchallenged never change.

linmarie

Emmia said:

Unfortunately no one has a right to a view they don't own. A field with sheep in an area with building targets would always be a risk - its probably better you know now, so you can decide to try for a price reduction or to walk away, rather than after you've purchased and moved in.

it's not about having a right. it's about paying for one thing and getting something else

Emmia

linmarie said:

Emmia said:

Unfortunately no one has a right to a view they don't own. A field with sheep in an area with building targets would always be a risk - its probably better you know now, so you can decide to try for a price reduction or to walk away, rather than after you've purchased and moved in.

it's not about having a right. it's about paying for one thing and getting something else

The property doesn't own/include the view, perhaps the sellers mislead you but unless the land providing the view is included in the sale, it doesn't belong to you and so can be altered in ways you may not want.

The fact you saw a field with fluffy sheep in on a viewing and assumed it would always be like that, isn't something you're actually paying for, you're paying for the property and land legally associated with the title.