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SO ANGRY with planning! Can't exchange!


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Hi everyone!

 

About 4 months ago I put a reservation fee down for a newbuild (2 bedrooms), which I will purchase through HomeBuy Direct scheme.

Everything going smoothly, building almost finished (ahead of schedule even), mortgage offer in place, paperwork complete and ready - JUST WAITING FOR THE COUNCIL TO PUT A RUBBER STAMP ON!!!!!

 

Planning was meant to be given at the end of May - council delayed, their excuse was "because of the general elections" (I'm a teacher, I work for the government too, we didn't stop working because of the election). Anyway, they said they would do the stamp/planning meeting TODAY (10/11 June).

 

Yesterday I found out they have pushed it back ANOTHER month, until the 8th July, because somebody didn't complete some sort of report (don't know exactly what, I will try to find out more today).

 

In the meantime, my mortgage offer is now going to expire - which means not only stressing for a new one, but maybe paying another arrangement fee, PLUS I have to find somewhere to RENT for a whole month and a half, which AGAIN, means money and stress.

All this not even knowing for sure that on the 8th the council isn't going to come up with ANOTHER excuse and push the date back AGAIN.

 

I think they are having a laugh - are they REALLY allowed to do this? Don't they have any kind of obligations, rules, or timeframes/deadlines that they need to stick to?

 

It seems they are living in their own little world and completely disregard the fact that people have LIVES to live, and that a roof on your head is quite an important part of it!

 

I guess my questions are:

 

- Are they allowed to do this

- Can I sue them

- Is there ANYTHING that can be done to speed the process (like telling them my situation, and asking them to PLEEEEASE fill in that report and put the stamp on so we can exchange contracts)

- What are REALLY the reasons behind all this delay

- Has anybody ever been in the same situation?

- Surely the council has an obligation to say YES or NO within a defined amount of time?

 

Forgot to mention - the reason the developer is still waiting for planning, while the building is already finished, is that they had to apply for a change of use (originally flats designed for GP and affordable housing - then changed terms)

 

Sorry about the rant... but I'm so upset, this is the second time they delay (of a whole month, like it's nothing), and I was supposed to exchange TOMORROW.:mad:

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Angrybird

 

I am a Chartered Surveyor who makes planning applications on behalf of clients regularly.

 

Planning applications have a statutory determination period of eight weeks from registration. Most applications are in fact dealt with in that time. If they aren’t, it is recorded and local authorities get assessed on the proportion of applications that go over time. Of course, there are tricks they can play to avoid penalties. The favourite is to find a reason to persuade you to withdraw the application and start again.

 

The problem for an applicant where an application has exceeded the eight weeks is that it can then end up in the “long grass”. Local authorities do not suffer any worse for an application that is 10 weeks over than for one that is 1 week over. Other more pressing matters can conspire to delay approval almost indefinitely.

 

I am afraid that local authorities do not seem to have much regard for applicants and their woes. They are more concerned with getting the "right" result than doing so quickly. Since you are not paying planning officers directly (as my clients do me), they can afford to ignore your concerns.

 

A big problem for you here is that you do not seem to be the applicant so I imagine suing them is out of the question (but I am not a lawyer).

 

The only realistic means of bringing this to a conclusion is to maintain a gentle but insistent pressure on the planning officer in charge. Make yourself a nuisance, but a charming and polite one! You could appeal to his superior but the department is likely to simply close ranks against you and tell you they “are doing their best in difficult circumstances”, or some such tosh. At worst, it could make them even less helpful.

 

It would be useful to find out what the report is. It is probably a report to the planning committee and part of the usual procedure in advance of an impending meeting. That in turn means that they have decided the application cannot be dealt with under “delegated powers” (a simplified procedure that allows planning officers themselves to determine applications). If it has to be decided at committee, you are confined to the monthly meetings. Miss one, and you wait another month. Unless it is summertime when there is often a month without a committee meeting, in which case you could wait another two months!

 

If you have read Little Dorrit, you will know about the Circumlocution Office. Dealing with planning departments often seems just like that!

 

Hope this helps.

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Thank you for your reply, this was really helpful in understanding more about the way the council works.

The developer doesn't know EXACTLY what the report is... but, like you said, it is the report needed to present the application in the MONTHLY meeting, which is now going to be, apparently, on the 8th July.

 

I guess I am totally at the council's mercy, and will just have to hang in there and hope they do their job - although I still think it is disgraceful that they have postponed the meeting for a whole month and a half, and STILL not managed to do a single report.

 

On top of that, the council's office is literally about 5 minutes walk from the development, so not a lot of excuses for not getting it done really (if I didn't do MY job and was two months late on deadlines, I would AT THE VERY LEAST be disciplined, possibly fired).

 

I guess I will stay in touch with the developer, to make sure they keep a gentle pressure on for the officer to complete his report, and pray that everything goes well.

 

Thanks again for your reply, much appreciated.

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