Planning permission on land you don't own?

[Zeeky]

Can someone apply for planning permission to build on land that they do not own?

We have been told that this is legal, but surely it can't be?

We are in process of buying a house & outbuildings, but there is a covenant in place to say that any planning permission granted to change the use of the outbuildings in any way, would incur a minimum £20k payment to the estate (original owner of the property). We accepted that, as we have no intention of changing the use of e buildings, but our solicitor is now telling us that anyone could apply for the permission e.g. A developer could come along and decide to apply for planning to turn OUR buildings into houses, and if it were granted, we would be liable for the charge to the estate!! Surely this can't be right??

This is now threatening our sale/purchase, as if we don't agree to exchange contracts with our buyer tomorrow (fri) they are pulling out, as they are in rented & have to be out of it next week, so if we don't exchange tomorrow they are pulling out as they will have to sign up to another 6mths of rental contract.

I should have said it was higher of £20k or 40% of market value!!

It is certainly true that anyone can apply for planning permission for land they don't own. So if you can't get that covenant removed, it would appear possible for the owner of the estate to get a mate to apply for PP to generate a bit of cash. I would tread very carefully- what does your solicitor recommend you do?

An uplift clause is pretty common with land and buildings sales, and your solicitor shouldn't be finding it that strange to deal with. I would phone a solicitor that deals with sales of rural property routinely and check the issue, or for free advice then a rural land surveyor would also be able to tell you more. As an estate agent dealing with rural property, these uplift clauses are common occurrences and I've never heard of this being raised as an issue.

Fetchez it's just madness isn't it that the law allows this?? Basically, the estate can a mate to apply, thus incurring a charge payable by us. Then, if they were to keep tweaking the plans, we would get charged each time there was an amendment made to the planning permission!!!

Solicitor is advising that we don't buy the buildings. She thinks also that our mortgage provider will refuse to lend us the full amount once they know about the overage charges, which she is obliged to notify them of :(

Roughshooting I think it is because it is a recurring charge, rather than just a one-off payment to the estate on change of usage.

"Solicitor is advising that we don't buy the buildings."

so tell the vendor to stuff it or to revise the contract.

Ah, then that is not standard and not something I'd want to be involved with. Even if the current owners of the estate weren't the type to do something unscrupulous, you'd never know who might buy from them in the future.

Has your solicitor suggested to theirs that the contract is amended?