Planning permission to build behind house we’re buying

[lilacandlavender]

We are about a week from exchange and our solicitor told us yesterday that they’d found on the searches that there is planning permission granted to build a row of terraces behind the garden of the property. Currently there are garages there belonging to a neighbouring estate of low rise flats.

The house and garden are virtually un-overlooked at the moment and this will totally change that. The secluded garden is one of the main reasons we’re buying the property... it’s an end of terrace so was already slightly overlooked by the next door property but we can’t afford detached so were happy with that.

We are going to try to negotiate a reduction with the vendor. My question is, how much do you think that loss of seclusion is worth? We are thinking 5%? The property is priced to reflect its current secluded position, and the estate agent is (apparently) unaware of the planning permission. The vendor didn’t declare it on the seller’s form but we know they’re aware of it because they objected to the council!

We still want to buy the property but want the price to reflect the planning permission, what would you do?

I'm sorry but I'd pull out. 5% isn't anywhere near enough for being overlooked, plus all the noise and dust and mess etc.

5% is far too low as that changes the aspect completely plus the disruption of the build etc. They should have declared that on the sellers form.

Oh no I'd pull out too what a nightmare!

Really? :( My DH wants to pull out because of the disruption. Also the fact of being lied to. I’m trying to take a long term view as we would hope to be there 10-15 years. But it’s so disappointing

I wouldn't say it's a set amount, it's however much you think it will affect your enjoyment of the property.

We would lose our sale or have to go into rented. Just don’t know what to do.

Has this planning only just gone in? Why did the conveyancer not pick it up earlier? If your reason for buying the house is that it is secluded, not over looked etc, then pull out. The disruption from the Bildungsroman works, and later the presence of the new houses will annoy you every day.

I have no idea what Bildungsroman means. I meant “building”.

What’s your long term aim?

A house now
A quiet house that is not overlooked later?

Who lied? Searches throw up outstanding pp. Have you seen the actual plans and details yet, it may be less intrusive than you fear. Loss of privacy is not really quantifiable in cash terms if you will struggle to tolerate it.

I’d walk away

I would be prepared to pull out if they won't or can't give you a reduction you'd be satisfied with.

Tbh, though, this is the sort of thing you can check for yourself before even viewing a house. We considered viewing a house that we weren't sure about. Then we checked the planning portal and found out that the garden it appeared to have at the side wasn't what we thought it was and had planning permission for a tiny detached infill house and all bets were off.

EAs market houses - they don't offer legal advice. Why are the vendors moving? I imagine it could well be because of the planning permission because there will be the noise and disruption of the building work too. If you were to try to negotiate a reduction because of the pp, as a seller I would think it was a bit rich that you wanted to pay less for the house but were still prepared to live there.

I'd find somewhere else tbh.

I'd pull out it'd be a nightmare

The vendors are moving because their children are leaving home and they’re downsizing (makes sense to do it before Brexit crash if there is one!)

Good point, yes we should have found this out earlier. I did check for planning requests for the actual road but it didn’t occur to me to check the road behind, probably because there are already garages there belonging to the flats. I just wouldn’t expect them to be built over. But there it is. I don’t know why our solicitor didn’t let us know before now - she has been on holiday but we only found out in the cover letter accompanying the contract so she must have found out before then.

BikeRunSki, the permission went in in 2015 and there were objections (including our vendors’) and amendments with permission being granted in 2016. They have to start the works within 3 years so within the next year. There’s always the chance it won’t go ahead but I expect that even if the permission expires they would be able to get it again (as nothing has fundamentally changed)

I would be pulling out and going into rented. This way you will be the end of a chain and in rented is a good prospect for putting in an offer on a new place. However, nearly anything you buy that has a nice open aspect can change in the future.

Our long term aim is a family home to bring our daughter up in. With a garden and as little noise/overlooking as possible. We both like a quiet life and chose thee house partly because it’s in a quiet close and quite private (for an end of terrace). It’s not the most beautiful house, it’s a boxy 60s with not really any period features. So we are really buying the location and the size, neither of which we’d get with a period property in our area.

I'd also be pulling out probably.
It's a lot of disruption and someone should have been up front about the work somewhere in the process (your side or theirs). I'd feel lied to and like I was dealing with people who'd happily be dishonest.

If you want the secluded garden then pull out.

My DH wants to pull out because of the disruption. Also the fact of being lied to.

^I agree. I would definitely pull out. There will be more house just wait. House prices are coming down anyway

I'd consider pulling out. Planning permission was granted for a row of detached houses in the field behind my Mum. The developer went back to the council with revised plans at a later stage and put a block of flats up instead and the detached houses went at the other end of the field!

There are no windows looking into mum's garden. But a huge building at the boundary.

How long is your garden & how long will their gardens be? Is the land level or sloping?

We had a row of houses built behind us about 10 years after moving in. They are quite close - about 50’ away - but the land slopes away & they’re much less tall than ours (1990s v 1890s) so we’re not actually overlooked in our back yard (or in the house, really).

It’s a row of 5 - these 2 are at the end on the R. There’s a tree between us & the houses right behind us, which blocks the view when in leaf.

It’s not ideal, but we’re used to it now, and we like our house & where we are

Asking for a reduction sounds reasonable to me if the original price was set higher due to the location but they knew the surroundings would be changing.

tbh I'd rather have residential units behind the garden than a (potenial) fly tipping site or local youth hangout...

This is the actual view from back bedroom window btw - I forgot I’d zoomed in to look at sunflowers

Round here in residential areas it seems that they can only get planning permission for tall buildings on brownfield sites if there were tall buildings there before, so near us there’s a 3-storey McCarthy Stone development where there used to be a large animal feed mill, & 3-storey flats where there used to be a bus garage. Everything else is 2-storey.