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Planning Issues Heeeeellllp!


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#1 FLD

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Posted 28 June 2018 - 08:12 PM

Right, here's the situation.
I've recently moved house (yay big garage) and I have / had a nice open view to the front. It's why I bought the place.
There were no planning applications to worry about in the searches.
The vendors filled out the form thing saying they weren't aware of any active planning permissions.
Great!
Yesterday we got up at 7 to find construction starting of a 7m high barn immediately opposite. Joy!
Apparently the vendors were on the consultation group for the application. Hmmm!
I have approached my solicitor to find out what action can be taken and what the costs of this action will be.
Any advice around this part??

There are also some oddities with the planning application when we found it.
It was initially rejected in March based on being it being an agricultural building on equestrian land. The lady who owned the land let someone graze sheep in the field for a few weeks to get the use of the land changed to agricultural. The sheep have long gone and its not all horse grazing again! The planning application was reissued in an identical way and was accepted. The building is not being built in the materials listed on the plan and in a slightly different position. We have a complaint in about this. I suspect that all we can do around this is make noise and cause a fuss. Anyone got any advice on anything that may be effective?

Edited by FLD, 28 June 2018 - 08:13 PM.


#2 The Batman

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Posted 28 June 2018 - 08:19 PM

burn it down



#3 FLD

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Posted 28 June 2018 - 08:30 PM

An alternative barn razing! Lol. It's concrete and steel though!

#4 jules_s

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Posted 28 June 2018 - 09:27 PM

in my experience if it has planning, you will struggle to overturn much

I presume it isn't finished? if so it might well get clad in something

The usual MO is to employ a planning consultant, or post on PH

Sounds very weird it didn't get identified in any searches though..

#5 fiveoclock

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Posted 28 June 2018 - 10:07 PM

You will possibly be entitled to compensation if the vendor lied on the property information forms and you can prove it. Your conveyancing solicitor will advise.



#6 kipper

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Posted 28 June 2018 - 10:08 PM

Normally searches by what ever means only indicate planning permissions granted. you really need to go and get an appointment with the the planning officer to find out about applications in the the planning pipeline just to be 100% sure.

#7 kipper

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Posted 28 June 2018 - 10:17 PM

non compliance with granted planning permissions is the planning officers job to see that it does comply. however, if the non compliance adversely affects the value of your property you may have a case but it is often difficult and costly to prove.

#8 jules_s

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Posted 28 June 2018 - 10:19 PM

Normally searches by what ever means only indicate planning permissions granted. you really need to go and get an appointment with the the planning officer to find out about applications in the the planning pipeline just to be 100% sure.


I'm pretty certain a look on the LA's planning portal shows all/current/decided planning applications

#9 MAXR

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Posted 29 June 2018 - 07:26 AM

You will not be able to halt/delay the conversion of the barn opposite, merely ruffle feathers with your neighbours. The material finishes they have used, if broadly in line with their planning application, is unlikely to make any difference.  Latest government guidelines for agricultural buildings have generated a 500% increase in conversions. Planners just don't have the time or money to deal with increased work & are not proactive in checking. Also, use of private building control to oversee builds have further detached the planners from applications. They are usually made aware of issues by unhappy locals.

 

You will obviously need to take photos of the offending material finishes & be sure of building positions. The planners can accept positional variations of approx 2m. The only distance they are reasonably strict on is from the front facade distance to the road especially when the street setting needs to be adhered to & maintained.

 

Good luck, my advice is to first speak to the owners of the new house, not the builders as they won't want to stir up resent with neighbours unnecessarily.  



#10 SteveA

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Posted 29 June 2018 - 08:05 AM

 

I'm pretty certain a look on the LA's planning portal shows all/current/decided planning applications

 

 

I know our Council has a planning portal with all intended developments and the status of applications. I almost bought a house with an open piece of land next to it until I checked the portal an found that a major developer had bought the land and had PP in for the build of 60 houses on it.

 

Not much use to you now though Matt. There is a current government directive that states all planning applications if possible should be approved by the local authority to stimulate the economy. The only things that generally stops development are concerns around health and safety or listing consent.



#11 FLD

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Posted 29 June 2018 - 07:30 PM

Thanks folks. The new application does show on the planning website as mentioned. Comments are welcome on that it won't change. I spoke to solicitor today and I do have a case against the vendor. This would involve evidencing the decrease in value of my house because of the barn. She estimated costs for this to be around 25k and suggested I live with it. There is also a claim against the searches company / solicitor for not finding this (it is directly opposite me!!). This will result in a return of fees rather than anything substantial. Still, might pay for a night out.

Thanks again for all the input.

#12 Zoobeef

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Posted 29 June 2018 - 08:00 PM

£25k is fcuking rediculous. 



#13 FLD

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Posted 29 June 2018 - 08:06 PM

Tell me about it!

Basically vendor has pulled a fast one. Was on the consultation for the planning application then said there were no planning applications on the solicitors form. Whilst this is very blatent there's little that can be done.

#14 jules_s

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Posted 29 June 2018 - 08:13 PM

I's still be inclined to spend a few £££ getting some advice from a planning consultant

#15 FLD

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Posted 29 June 2018 - 08:16 PM

Already on the list

#16 FLD

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Posted 11 July 2018 - 10:56 AM

Little update.....
The barn is 8m off from where the plans say it should be. The planning officer has inspected and said he doesn't think this change impacts me so has given the go ahead for construction to continue. He has asked for a new plan to be submitted for a change of location. Obviously I can comment on the new plans, any suggestions on the best course of action? No burning or slaying please, I'm not a violent person! My thought is to ask for native broad leaf trees to be planted to screen it.

#17 Wolfstone

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Posted 11 July 2018 - 01:12 PM

I wonder how much the planning officer has been bunged? Seriously.

#18 FLD

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Posted 11 July 2018 - 03:29 PM

The applicant is on every local council going. Including planning. Proper busy body sort.

I suspect serious conflict of interest issues but obviously I can't substantiate anything.

#19 quimbles

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Posted 11 July 2018 - 03:47 PM

8m!! they'd tear it down in these parts!

 

from building a couple of houses and facing objections from the neighbours.... id say your best complaints are.. right to light, privacy, noise and traffic.

 

if they have any windows (in a barn?) overlooking your property? or noise from the animals in the barn, barn blocks the light....  you should have a reasonable chance of the council adding conditions to the build.  such as your tree idea.

 

We had to or not had to put any windows in certain parts of our house. also since we moved in the school opposite bought more property and for them to use it they are having to put up a massive fence to block the noise.

 

 



#20 FLD

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Posted 11 July 2018 - 04:01 PM

Interestingly its an agricultural building on a non-agricultural plot.

Following up on previous suggestions I have found that the applicant is on the planning committee and did not declare an interest when this application was listed. Naughty!




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