Conveyancing search issue - neighbours planning permission

[TheFantasticFixit]

We bought our first house in Feb and unbeknownst to us, our direct neighbour had had planning for a full two storey extension granted 2 weeks prior to our offer being accepted. Our property was vacant at the time after tenants had moved out so no opposition to the plans were registered.

Should this information about the granted planning for the extension have shown up on our searches? The permission had definitely been granted by the time our offer was made. It will affect our property as the extension butts right against our conservatory on the boundary line, effectively taking light completely out of one side. We are a terraced property. We also have access across their garden which has now been restricted and was not revealed in the planning. The neighbours, when we speak to them are very vague about ensuring that access is reinstated.

Our solicitor says that planning applications on neighbouring properties are not included in the searches, only applications and permissions on the property you are buying are shown. Is this right?

I think your solicitor is right, only applications etc relating to the property you are buying come up on the search. The access across their garden issue is a separate matter from planning though and the access being in place wouldn't be a reason to refuse planning permission.

If the access is included in yours or their deeds then I would presume that they wouldn't be able to block the access with the extension as they would be breaching a covenant or possibly at the very least need they would need your permission to block the access and build the extension.

If the access is not included in either deeds and is just an informal arrangement then not sure you can do anything about it being blocked.

I'm not a solicitor though so your solicitor should be able to advise further in respect of the actual blocking of the access.

pp is right, the search of the local authority your solicitor would have done only shows applications affecting the property you are buying. Your solicitor ought to have flagged this up to you though (the report our solicitor sent us made this clear and offered a separate "plan search" for about £40 which would show up applications within a certain distance, think it was 500m).

Will the extension block your access completely? Is it a right in your deeds? If so I'd speak to your solicitor about what action you can take.

If you have access across their garden by a right of way, I don't see how an even an approval of planning permission can affect that. They may have permission from the council, but not a right to do so.

I'd say you're quite annoyed, but check your deeds. If you have a right to access, you can maybe put a halt to any plans to block it, planning or not.

Is the extension itself going to block it or is the scaffolding etc. blocking it?

You'll need to stop them if they're building over it. Planning permission isn't a legal right to do anything they want.

I think they would have had to sign about rights of way on their application form.

It might be worth phoning the Council and asking them if they serve written notice on immediate neighbours of planning applications made, giving them the chance to oppose or check out the plans. If they do, then this should have been declared by the Vendors on standard enquiries and it's worth taking this up with your solicitor. Our standard enquiries were a Law Society pre-printed form asking if we knew of any planning permissions, which we did so we declared them.

No, your solicitor is wrong. We bought last year and with our searches got all plans that had been submitted on our street and the street behind us. We didn't make any special request so I believe that is standard.

Also planning permission doesn't negate right of way so you can take them to court to have it reinstated.

Planning permission can be granted but if you have a legal right of way it may mean they cannot implement it. Your solicitor is correct that it wouldn't show up on your searches. You need to get your solicitor on this (or another one in the firm that specialises in property issues) to look at the permission and establish how if affects the right of way. You might need to write to the neighbours.

In terms of the planning, you don't have a right to light, but amenity. However has consent has been granted, then that should have been considered. You could ring the planning officer who dealt with the case to discuss although getting the permission revoked will be difficult and expensive.

As a separate issue the neighbours will need a party wall agreement if building up to your boundary.

I think a standard search reveals applications on the property to be bought. You need to ask an extra question, and pay an additional fee, to find out about applications on nearby properties. Your solicitor should have advised you of this option.
The right of way would not have affected the planning permission, but as others have said, if you do have a legal right of way, the planning permission will not over-ride this. You will still have to have a right of way.

Have just looked at our local search and all applications seem to relate to the property itself, not neighbouring ones. As I mentioned in my previous post, do phone the Council and ask them if they serve written notice of neighbours of any applications.