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Missold a House - Advice Please

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  • ProDave
    ProDave Posts: 3,675
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    JarrodM14 wrote: »
    I can get on to it and can reverse on to it but if I pull on forward I cant swing my car round enough to reverse.

    Cheers
    So the solution is simple. Park by reversing ONTO the drive so you exit forwards. So much safer and always my prefered method of parking.
  • DCFC79
    DCFC79 Posts: 40,598
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    ProDave wrote: »
    So the solution is simple. Park by reversing ONTO the drive so you exit forwards. So much safer and always my prefered method of parking.

    I try and do this all the time now, its much safer yet many people dont do it whether parking in a car park or on a drive.

    OP see if you can get a diagram and post it on here or a screenshot and mark the lampost etc.
  • comeandgo
    comeandgo Posts: 5,731
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    A lamp outside one of my bedrooms shone in, even through curtains. There are total black out blinds which I now have, so council will not move lamppost due to light interference. I think your salesperson was waffling. In the small print with developers there is usually a get out clause saying there may be small changes, which this is.
  • AdrianC
    AdrianC Posts: 42,189
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    JarrodM14 wrote: »
    I have questioned this with the builder and they have said its the responsibility of the planning department. I have checked the original planning permission and the lamppost is correct to be where it is. In essence when we purchased the property we were shown the wrong plans, we wouldnt have purchased it if we knew the post would be there ... The salesperson has said that the planning reference will all be tracked on my application so they will be able to see I was shown the wrong plans
    So the lamp post's position was shown on the definitive plan, the one that the LA agreed when granting PP, but was omitted off the indicative one you used to select your plot.

    Were any lamp posts shown on that? Did it carry any caveats about scaling, accuracy or completeness?


    Did you review the PP plans with your solicitor?
    Did you select your solicitor from the developer's "recommendation", or did you get one who was independent from them?
  • Trying to post a link to a picture but I am too new to the forum, is there a way around this?

    I didnt look at the local authority plans until after the lamp post was erected.

    AdrianC - Exactly, the plans we selected our plot off had the lamp posts in a planter on the other side of the road.

    We didn't review PP plans, unfortunately we did use the developers recommendation.
  • G_M
    G_M Posts: 51,977
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    JarrodM14 wrote: »

    I didnt look at the local authority plans until after the lamp post was erected.

    AdrianC - Exactly, the plans we selected our plot off had the lamp posts in a planter on the other side of the road.

    We didn't review PP plans, unfortunately we did use the developers recommendation.
    Caveat emptor.

    The definitive plans were there to look at if you chose.
  • AdrianC
    AdrianC Posts: 42,189
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    JarrodM14 wrote: »
    We didn't review PP plans, unfortunately we did use the developers recommendation.
    There y'go, then.
  • WeAreGhosts
    WeAreGhosts Posts: 3,099
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    The developer's plans always look like a tweenager has been let loose with a packet of felt tips - all colourful and arty-farty. The actual planning department plans are the ones to look at.
  • DCFC79
    DCFC79 Posts: 40,598
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    JarrodM14 wrote: »
    Trying to post a link to a picture but I am too new to the forum, is there a way around this?

    I didnt look at the local authority plans until after the lamp post was erected.

    AdrianC - Exactly, the plans we selected our plot off had the lamp posts in a planter on the other side of the road.

    We didn't review PP plans, unfortunately we did use the developers recommendation.

    You can post the link but put a space in the link somewhere.
  • davidmcn
    davidmcn Posts: 23,596
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    JarrodM14 wrote: »
    We didn't review PP plans, unfortunately we did use the developers recommendation.
    No matter which solicitors you use, they're not going to delve into your reversing preferences or where you'd like lampposts to go.

    Any remedies are going to arise from your contract. Which leaves you (probably) with a few problems:

    1. it may well say that the developer will build in accordance with the planning consent. Which is what they ought to do anyway. They can't just shift the lamppost without going back to the planners.

    2. the contract is also likely to say explicitly than any brochures etc you might have seen are not binding on the developers.

    3. the developers will always give themselves some leeway to make amendments to the development (especially about stuff which isn't even on your plot).
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