HELPED I've been duped (planning permission)

Dinah93

I'm so sorry to hear about the situation you are in, but as the officer has recomended it for approval it is likely that your flat will be legal soon. I'm a planning officer myself, and from experience councellors generally go with the officer reccomendation except where it comes to contentious applications they believe the public won't like, usually large scale new residential development on greenfield sites!

You should be aware that even if the councellors do go against the officer reccomendation and refuse it, the developer has a right to appeal with the council, which is basically a resubmission of the existing scheme, so they get another 'go' for free. For developments which have not commenced, this is usually a chance to put right any snags that caused the refusal in the first place. Should this resubmission be refused again, this still wouldnt be the last chance. The application could then go to appeal at the government office, where the case would be decided by an independant planning inspector. Nine times out of ten we find the inspector goes with the reccomendation on the file if it was made by a planning professional, and then refused by planning committee (who to be perfectly honest make decisions on rubbish reasons, that we then have to scrable around finding a scant reason to justify).

Good luck, if you have any questions i could help you with, don't hesitate to ask.

pickles_pink

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Thank you all so much for your help and support with this. Since posting this thread things have moved along more quickly than in the whole of the last 2 years! You are my MSE :A 's.

I just heard from the lender and they are "taking the matter seriously and are investigating the solicitor"

I probably shouldn't but I've just attacked right move
Thanks again, I'll let you know what happens next. :T

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LadyinBlack_2

Just read through the thread and have my fingers crossed for you. I have a feeling all will be well but it might be useful to contact your local Councillor who could talk to the Chairman/woman of the Planning Committee on your behalf - there's a lot of votes in your flats!! Just a thought.

pickles_pink

We're signed off subject to 3 points to which the builder needs to comply within 90 Days. They are to create more parking (already started), create cycle parking (something to do with eniviromental legislation & to change the entrance / gates to the property.

:j

I can't believe it, Amazing.

Again thank you to everyone who helped me, you are all wonderful.

sunshine_shell

I'm so chuffed for you!! hope you get your garden soon!!!

John_Pierpoint

So to sum up:
Some chancer ignores the planning laws.
Over a dozen so called professionals of all sort fail to notice.
An innocent purchaser blows the whistle.
(and gets slagged off here as a nutter).
A dozen owner occupiers get put through stress and uncertainty.
The professionals, who have not learned how to count up to 13 , close ranks.
The law breaking chancer trousers an extra 100,000 ?
And you are all paying for this.
C0ck-up or corruption?

For what it is worth my advice on conveyancing is in this thread:
http://forums.moneysavingexpert.com/showthread.html?t=821027&page=2

pickles_pink

He didn't do it!!!!!!!!!!!!!!!!!!!!!!!!!

Please help me I am going to end up in such a horrible mess, I honestly can't take this any more it's hopeless!!!

He hasn't done the works to satisfy the points, and I find out from the council that he will be served with breach of notice. MAXIMUM PENAULTY £1,000. YES £1K. As if he cares about that!

When my fix is up my mortgage rate will Jump to 9.34% (Northern Rocks ridiculous - please give us our money back SVR)

I have an unmortgageable property so what can I do - I'm going to drown in this!!!

I really really hate my flat it's like a weight around my neck!!!!

WHAT DO I DO????????????

People keep telling me "you have a case"

but what for? what is the resolution?

I'm so desperate, please can anyone help?

Poppy9

Surely the 3 things outstanding from your previous post are not major issues i.e. parking & gates and will be resolved.

What happened with the investigation of your solicitor?

pickles_pink

I've heard nothin more from Northern Rock, I think they've got enough on their plate!

I have asked the solicitor in question for copys of everything he has on file numerous times in writing and received nothing, though even if I had it I wouldn't really know what to do with it.

I'm just having a look online now for a solicitor, but again not sure what can be done or who is ultimately to blame for this?

redcar_2

Sorry to hear about your woes.

To get the solicitor to give you copies can you not make a subject access request citing the data protection act. This link will help

http://www.ico.gov.uk/upload/documents/library/data_protection/introductory/subject_access_rights.pdf

The solicitor has 40 days maximum to respond. You could I guess send a cheque for £10 which is the maximum they can charge with this as not sending it may add to delays if they then ask for it. However doing this officially will help them see you mean business.

As for your other problems I would have thought you MUST get proper independent legal advice. Is there not a residents assocaition or what are all the other owners doing about this? If you could share the costs then that will help as this may be expensive.

Edit: Just looking into this a bit more it might be that what you have sent already can be construed as a subject access request and therefore the solicitors should have already replied - I know this is off you main point but it I think it shows that your solicitors are hoping to brush you off and this might just waken them up that you aren't going to be brushed off (and cut down the time they have to respond). I would suggest you contact the information commission people for an opinion, their number from the website is

08456 30 60 60 (Lo-call rate)
01625 54 57 45 (National rate)