Applying for Planning Permission without owning the property

maverickmac

In March I sold my house through an estate agent to a buyer who was supposed to be a private cash buyer. It soon came apparent that the buyer was actually a business, but still it was meant to be bought for someone through their partners business. That again became a lie and I was led to believe it was either going to be rented out or used as a foster home for a permanent family. Two months past and still no progress outside of surveyors. About two weeks ago my neighbour came to me distraught as Planning permission had been put in to change the use of the house to become a caring facility with shift workers and two children between 7 and 18 I think with learning and behavioral needs. 

The submission of this Planning without them actually owning the property and me still being resident has destroyed my relationships with neighbours, who have been absusive, the buyer is refusing to complete yet, which co-insides with the Planning decision date and Im currently massively out of pocket with the threat of being left in a house with no sale and neighbours I no longer can live with. I appreciate this is a 1st world problem but with a catalogue of other things Im not sure how much more I can put up with. 

How can they apply for Planning Permission of this type without owning the house. Do I have any comeback on this. Any help would be massively appreciate. KInd regards A Distraught Single Dad. 

DE_612183

can you not just pull out of the sale - and therefore regain your neighbours good will?

why and where were you moving to - if you had moved would it have made any "great" difference to you?

bit more info may allow others to help.

In terms of applying for someone elses land - this applies:

Can a planning application be made on someone else’s land?

The planning system entitles anyone to apply for permission to develop any plot of land, irrespective of ownership. However, an applicant is required to notify owners of the land or buildings to which the application relates, as well as any agricultural tenants, in accordance with article 13 of the Town and Country Planning (Development Management Procedure) (England) Order 2015. When making an application, an applicant is required to sign a certificate confirming the ownership of the land to which the application relates and that the relevant notices have been served.

So perhaps you should contact the planning office and get them to reject the application.

Section62

maverickmac said:

...
How can they apply for Planning Permission of this type without owning the house. Do I have any comeback on this. Any help would be massively appreciate. KInd regards A Distraught Single Dad. 

As DE_612183 says, they can, provided they notify the owner and complete the relevant certificate(s).

Have a look for the application on the council's planning website and see what they claimed on the application form. And whether they included a certificate.

If they haven't been truthful then the application could be voided (not the same thing as being refused though).  Also check whether they may have notified you (via your solicitor) and you just didn't get the message.

But bear in mind if you stop them getting planning consent then they might pull out of the purchase - as you point out you'd be out of pocket and have no sale.

Alternatively, the buyer could notify you now and provide a revised certificate along with a fresh application.  Or if the council was willing to sail close to the wind they might accept a revised certificate for the original application.  If there is a shortage of suitable care settings in the area then the council may be more likely to help the applicant navigate their way through the process... and generally there is a shortage of care settings, so your neighbours are probably out of luck.

MeteredOut

The buyer is obviously being sneaky, but the main question is: do you still want to sell to this buyer, even now you know what their plans are?

If not, stop the process. You could also speak to planning as per the suggestion above. You could also go down what sounds like an absurd route, but put an objection in against a planning application for a house you own!

If you stop the sale, you can hopefully repair relationships with neighbours, explaining you were not aware of their plans and pulled out as soon as you did.

If you do want to proceed, keep your head down and wait.

What is obvious is that if planning is not approved, your buyer will pull out and you'll remain living there with unhappy neighbours, or until another buyer is found.

FreeBear

Section62 said: But bear in mind if you stop them getting planning consent then they might pull out of the purchase - as you point out you'd be out of pocket and have no sale.

Reading between the lines, I suspect the buyer is dragging it out and waiting for the outcome of the planning application. Should it get refused for what ever reason, they'd pull out of the sale.

eddddy

As above, before applying for planning permission, they should have served you a notice - as the property owner.

Obviously, it's bad of the buyer not to have served notice. But what outcome do you want now?

• You could inform the planning department - which would probably get the application delayed or rejected. But that's likely to delay the sale, or make it fall through

• You could refuse to sell to this buyer - and try to find another buyer

• You could do nothing - so perhaps the planning application will go through, and you can sell to this buyer

I imagine that this buyer won't go ahead and buy without the planning consent.

Section62

MeteredOut said:

...
If not, stop the process. You could also speak to planning as per the suggestion above. You could also go down what sounds like an absurd route, but put an objection in against a planning application for a house you own!
...

An objection - other than on grounds that the applicant has been misleading about the land ownership - is likely to carry little weight.  The council will need care settings, and the objectors will be cast as nimbys.

Having the application voided for procedural reasons will either work, or result in the applicant/council finding a workaround.

Stepping back a bit, a household with two teenage children with learning and behavioral needs, and adults coming and going at odd hours, isn't wildly unusual these days - the principal difference here being the commercial nature of the arrangement and the adults being employed for the purpose.  Was the neighbour 'distraught' at the idea of it being a foster home as well?  If not, then what do they see as the difference which could be converted into a material planning consideration?

From the neighbour's perspective the commercial nature of the arrangment may work to their advantage, as the service will be regulated and inspected and complaints about poor management and care would carry some weight.  Whereas complaining about the stroppy teenagers living next door in an owner/occupier or rental household with the single parent who seems totally unconcerned about their behaviour is often of zero benefit.

Flugelhorn

I was interesting in buying a house but then so was a religious group who applied for planning permission, they were granted permission but the meetings and local response was so unfriendly that the vendors decided not to sell to them

Section62

FreeBear said:

Section62 said: But bear in mind if you stop them getting planning consent then they might pull out of the purchase - as you point out you'd be out of pocket and have no sale.

Reading between the lines, I suspect the buyer is dragging it out and waiting for the outcome of the planning application. Should it get refused for what ever reason, they'd pull out of the sale.

Yes, it looks that way.  And if there is an inaccuracy in the information they supplied regarding land ownership (which isn't corrected before the planning decision) then they might be inclined to spin things out for a further 6 weeks to be clear of the risk of judicial review.

Albermarle

Section62 said:

MeteredOut said:

...
If not, stop the process. You could also speak to planning as per the suggestion above. You could also go down what sounds like an absurd route, but put an objection in against a planning application for a house you own!
...

An objection - other than on grounds that the applicant has been misleading about the land ownership - is likely to carry little weight.  The council will need care settings, and the objectors will be cast as nimbys.

Having the application voided for procedural reasons will either work, or result in the applicant/council finding a workaround.

Stepping back a bit, a household with two teenage children with learning and behavioral needs, and adults coming and going at odd hours, isn't wildly unusual these days - the principal difference here being the commercial nature of the arrangement and the adults being employed for the purpose.  Was the neighbour 'distraught' at the idea of it being a foster home as well?  If not, then what do they see as the difference which could be converted into a material planning consideration?

From the neighbour's perspective the commercial nature of the arrangment may work to their advantage, as the service will be regulated and inspected and complaints about poor management and care would carry some weight.  Whereas complaining about the stroppy teenagers living next door in an owner/occupier or rental household with the single parent who seems totally unconcerned about their behaviour is often of zero benefit.

Yes definitely Nimbys at work .
Like you say could well be better having this facility next door as compared to  many other options. Especially when you read some of the posts on here about stroppy uncooperative neighbours,