Planning permission not picked up during searches

[FTEngineerM]

Hiya,

Wondering if anyone with some know how could give any advice, please, I’m not sure what to think.

Me and DP bought house in 05/2018 all tickedy boo, then today we see pre-planning notice for land at back/rear right of our house for 14!!!!! houses. Checking out their documents this has been ongoing since late 2018 and even then there was planning permission in place for 4 larger dwellings.

Looking back at our searches they didn’t pick up anything of that nature, are they meant to? We paid a few hundred for local searches.

It will affect our view for one, it’s a valley, and then probably the value of the house since it’s going to be ‘in the way’.

Anything we can do?

The additional report isn't standard but our firm requests them anyway for this exact reason.
Your sellers should have stated that they knew about the development though if they had received any notices about it (which local authorities seem to send out less and less).

[quote flapjackfairy]@Jroseforever
Yes she did! !
It was perfectly clear .[/quote]
Please quote OP where perfectly clear

And I clearly wasn’t alone!

I’ve a similar issue but not related to planning and I’ve gone back to the solicitor to request copies of the paperwork to see exactly what the sellers knew and should have disclosed. Now I have the information I’m not entirely sure what I want to do but I can get advice from a litigation lawyer given they should have disclosed information and didn’t (in fact lied).
Perhaps go back to your solicitor and see what they suggest?

@BringBiscuits is it the seller's responsibility to disclose planning applications? We sold a house next to an open field, I don't have a clue of it's current status, I thoroughly researched and paid for the right searches when we were buying it though?

Sorry, I don't know how to respond to someone.
Jroseforever:
In the second paragraph it clear states that prior to the current planning there was already planning for 4 detached dwellings.

@BringBiscuits oh sorry just seen your issue wasnt about planning, I'm pretty sure that's not on a seller to have to know and disclose, the info is in the public domain enough that it should be the buyer and their solicitor surely?

We bought our house in 1992. The solicitors didn't alert us to any planning applications for the land behind us. DH took it upon himself to go to the local planning dept (it was before everything was on line) and check the register where he discovered that planning had been requested to build on part of the sports ground behind our house. We still went ahead with the purchase but negotiated a discount on the basis we had been lied to by the vendor. We would never trust solicitors to have sole responsibility for our conveyancing in future (as IL's also had an issue with their conveyancing relating to a diverted footpath which ended up going to the law society).

There's nothing you can do, searches are on the property you are buying not anything happening nearby. Planning information is normally easily available on the local authority website if checking on planning permission of neighbouring properties/land is important to you.

@wishingitwasfriday

Sorry, I don't know how to respond to someone. Jroseforever: In the second paragraph it clear states that prior to the current planning there was already planning for 4 detached dwellings.

Yes

But it doesn’t make clear that prior to the OP’s searches!

Hello OP
The search is carried out on a plan provided by your solicitor
So it will depend on the outline of the boundary shown on the plan.
If your solicitor included the land to the back and rear of your property then the planning applications should have been revealed.
However if the boundary outline was only for the actual property then they wouldn't have been included

However I would include planning applications on searches that I felt would impact on the property being purchased but not all councils would do the same..

I’m fairly surprised it’s gone from 4 to 14. The council might want more starter homes? I think with local councils producing local plans, all home buyers should consult these and searches should too. It will set out future areas for development to meet housing needs. Just because there is an application for 14 houses, it might not be successful. You can object on loss of a view. There is greater attention paid to this than previously but I think it will be hard if pp was already in place. It’s too late to do anything I think but the former owners probably did know about the 4 houses. Maybe that’s why they sold?

You can’t object on loss of view or loss in valid - well you can object but it won’t be taken into account. This is from Richmond council but I think it applies to all areas. www.richmond.gov.uk/what_is_a_valid_objection_to_a_planning_application
Reasons
Loss of light or overshadowing
Overlooking/loss of privacy
Visual amenity (but not loss of private view)
Adequacy of parking/loading/turning
Highway safety
Traffic generation
Noise and disturbance resulting from use
Hazardous materials
Smells
Loss of trees
Effect on listed building and conservation area
Layout and density of building
Design, appearance and materials
Landscaping
Road access
Local, strategic, regional and national planning policies
Government circulars, orders and statutory instruments
Disabled persons' access
Compensation and awards of costs against the Council at public enquiries
Proposals in the Development Plan
Previous planning decisions (including appeal decisions)
Nature conservation
Archaeology
Solar panels

Not reasons
The perceived loss of property value
Private disputes between neighbours
The loss of a view
The impact of construction work or competition between firms
Restrictive covenants
Ownerships disputes over rights of way
Fence lines etc
Personal morals or views about the applicant.

This might be of some use to you and other neighbours in writing your objections.
www.hampdenfieldsactiongroup.com/wp-content/uploads/2012/04/HowtoobjecttoaplanningapplicationEbook.pdf

For the past dozen years or so, planning applications have all been online.
I'd not buy in an area I didn't know without doing my own online search to see what it trawls up.

When I'm looking at a property that has a field or school grounds or brownfield site near it I do my own search for any plans. Easy enough through the councils planning portal. You can also research your towns development plan.
I believe any search I've had also picks up on any pp locally though.

The Hampden Fields Action Group wasn’t remotely successful if it’s the huge Hampden Fields development I know. Objecting if a development is in the local plan is difficult. Loss of anemity from public spaces can be considered but usually not private views. However there are exceptions where planners will take views into account. They are not material considerations but could none the less be important considerations.