Planning Permission 'Dispute' Affect On Sale/Mortgage

[EViS]

We were granted planning permission for a rear and side (wrap around) extension which doubled the floor area of our very small bungalow. The approved drawings showed that all of the walls except the front facade are to be demolished and a completely new roof structure is to be constructed. All work is being carried out under Building Control supervision.

 

However, a local busy body complained that we are undertaking more than just an extension. The council have agreed and requested that a new application for a new build/rebuild is to be submitted. The enforcement officer has been involved but (for the time being at least) has not issued any formal notices. The planning and enforcement officers view is that the planning permission notice description does not state that all of the walls and roof are being demolished and the drawings alone are not sufficient (!). Furthermore, had we built the extension first, and then demolished these walls and roof, we would have been ok (there is no condition in our Decision Notice to state the order of works).

 

We are adamant that our PP is valid and are building to the approved drawings.

 

We currently do not have a mortgage, but will be looking to either take out a mortgage or sell the property once complete. If we go down either route, I presume that any lender's or buyer's solicitor will undertake a Local Search, yes? If so, will they be advised of the local planners current opinion/dispute, and will this have any merit in view of the completed property looking as per the drawings in our existing PP for the wraparound extension?

 

Via a telephone conversation, the enforcement officer stated that upon any future sale, the council would have to advise a solicitor that the property does not have PP.

[f16]

Were you granted "Out line planning permission" ?

 

If that is the case and you proceeded with the build then the statement by the enforcement officer is correct.

 

Mind you there is an "Upside" to this, and Mr / Mrs Busy body may have done you a favor. .....

 

On a New Build you can claim the VAT back.

[raydetinu]

You need to be clear, have you got Full Planning Approval in writing? not just advisory comments following initial discussions.

If Full. were there any conditions attached to the Approval?

If full, then you are OK; any non compliance complaint will be investigated by the Planning Department and a decision will be made in about 12 weeks.

So until you are issued with a non- compliance notice it is not in the public domain. As far as I am aware once planning has been granted they can rescind it but would be open to a claim for compensation.

Such as your costs if you had started work, any design work you paid for since planning was granted etc.

They usually take these costs into account when making their decision.

So if you have any costs in connection with this let them know now!

 

 

Regarding VAT, ALL walls ( except party walls ) have to demolished to foundation level to be rated at 0% VAT for a new dwelling!

leave just a portion of a wall then its standard 20%

[EViS]

We were granted Full Planning Approval in writing with no conditions attached.

 

So, where would we stand in terms of a mortgage and/or a sale when the council respond to a solicitor that we do not have planning for the property?

 

From discussing our build with HMRC already, we have been advised that we will be able to claim back all VAT as long as we provide proof (i.e. photos) of the build, despite the front wall (and party wall) remaining. Time will tell if their advice stands when it comes to reimbursement.

[citizenB]

 

So, where would we stand in terms of a mortgage and/or a sale when the council respond to a solicitor that we do not have planning for the property?

 

I think any dispute would need to be resolved if a sale was involved. Not sure about a mortgage.

[EViS]

With the absence of any enforcement notices (for now), would this flag up as an official dispute?

[raydetinu]

I cant see how the council can say you don't have planning when you clearly have! and stays until it is revoked!

As said if it is they will have to pay you compensation. It is their action, so let them know you will be seeking compensation.

You never know they may not revoke it.

Have a word with your local councillor, county and town and get them involved if you can.

They carry a lot of weight with planning considerations.

They can also insist that the full planning committee consider this and not just the planning department under delegated powers.

They will also have to take into consideration the fact that if you applied for the construction of a 'new dwelling' they would not grant it!!!

If they would then what's the point of revoking the planning you have!

Perhaps you should ask them that question?

[EViS]

It's the local councilor who complained in the first place, so futile to ask her for backing.

 

They are stating that my planning would have stood if we built the extension first, and then demolished the external walls (once they become internal). However, as we demolished everything first, we do not have planning for "an extension" as there is now no house to extend off...

[ploddertom]

Check to see if you have more than 1 local Councillor, particularly if they are from a different party.

[citizenB]

It's the local councilor who complained in the first place, so futile to ask her for backing.

 

They are stating that my planning would have stood if we built the extension first, and then demolished the external walls (once they become internal). However, as we demolished everything first, we do not have planning for "an extension" as there is now no house to extend off...

 

 

IMHO

[ploddertom]

That's why they have a budget for hats -

[raydetinu]

I still think the Approval you have is OK until you receive a non-compliance notice.

They will obviously allow you to apply again for a new build, have said that would be a problem?

[EViS]

They haven't stated that a re-application for a rebuild will be a problem. They keep encouraging it, together with pestering us for a CIL payment and energy calculations - both only required for new builds.

 

Nitpicking in deed! But we can't do very much about their opinion - we all have one!

[EViS]

We had the building controller advise us today that "his boss" is taking a view that our application (Building Notice) for a wraparound extension now needs to be an application for a new build (which will require a SAP, EPC and pressure test). To date we have poured the footings and almost finished the walls to wall plate. All work has so far been inspected and until the planning fiasco no word has been mentioned that our BC application is incorrect.

 

Does BC have the power to suddenly void an application and change it's description, after they accepted it in writing, were provided the PP number which contained the drawing references and have inspected the work on numerous occasions already?

 

This is obviously another planning/enforcement tactic to achieve a new application, but does it have any legs?

[raydetinu]

Building control is entirely separate and nothing to do with Planning, and as such can ask for anything and everything they think necessary to approve and sign off on the build.

All the above SAP,EPC etc. will be required for any substantial extension, not only new build.

Did you make a full plan submission for b.regs? if not why not! OK takes a bit longer but you would get a list of things that need to approved before you start.

Building notice submission, you are totally at risk!