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Planning question

Celticfire

Might not be the right place to ask this but a lot of you seem to have experience with building and might know a lot about planning.

Beside where I live an estate agent is selling a site with planning permission for a house. The planning was granted to a local person on the assumption that he was going to build the house and live in it as per the local needs clause.

This person is now selling same and I am quite interested in the site. The only thing is I am wondering how he is going to be able to sell it to me without falling foul of the planning office. The estate agent has no idea how this works only she told me to call a certain solicitor (which I've yet to do)

Any idea if this can actually be done or am I going to walk myself into a legal quagmire? Any help would be appreciated...

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mjffey

No idea either, but maybe you should ask this question on the Accomodation/Property forum.

Good luck
Mariejeanne

oneillk

Do you own where you live at the moment. If you do then i dont think there would be any chance of you being able to buy the site and build on because if you alredy own a house they will not grant you permission for another.

If you dont own it, then there is a possibility that IF: you satisfy the local critea need, you may be able to get the planner to allow the sale of the property to you.

As i said, this all depends on the fact that you dont already own and you satisfy the local need. Anyone buying that site wishing to use the planning will have to satisfy that need.

You will also have to prove it!!

Celticfire

oneillk wrote:

Do you own where you live at the moment.

I'm afraid I do. I'll have to look into it further, looks a bit dodgy to me

De_man

Do you or your partner (if any) own a house in the area already?

I'm familiar with this situation, initially i was going to buy a site under
the same circumstances, what we were thinking of doing, the owner
of the site makes plea to planning authority saying he has to leave or
giving a plausible excuse etc and wants to sell the site, then
we apply for permission on the site or transfer of ownership.

alternatively, we redesign his plans, then he builds our house,
once completed, then sells the house to you, but with that you
need to check the planning conditions, does the 5year rule apply?

a couple of probs here, 1. stamp duty on house rather than site, 2. trust 3. legally could be a bit dodgy.

in the end we decided it wasn't worth the bother and walked away

but saying that, the guy sold his house to another person and they had
no problem.

i recommend you go and see a solicitor that specialises in conveyancing
and make sure you visit your draughtsman/architect and have a proper
consultation they'll be more familiar with the legal aspects afterall, you'll
be paying out a hell of a lot of money

if you've more probs pm me

damiand

Go ask your local planning department. Quickest way to get an answer which will be honest and FREE. Solicitors and other professionals will charge you. Planning meetings are provided free by your local planning department and planners are available by phone. The morning time is generally best and at the start of the week.