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Permission to convert property to residential has lapsed, what’s the chances of it being granted again now?

7 replies

Funnycupcake · 18/06/2024 10:29

It appears the current owners have attempted to start to convert it but then either given up or other circumstances occurred to prevent it being finished. I can see there’s still no central heating but a few bedrooms have been done and a kitchen is in.
The sales ad states the buyer will have to reapply to convert the property to residential as the granted permission lapsed over a decade ago. If planning was granted previously is it more likely to be granted now?

Is it unlikely that a mortgage be granted on this sort of property. TIA

OP posts:
ThisWorthySwan · 18/06/2024 10:30

This reply has been deleted

This is a troll - we've banned them now.

Seeline · 18/06/2024 14:52

Planning permission only lapses if the development hasn't commenced, it doesn't need to be completed. Obviously with physical development, such as a new building, it is much easier to determine whether the permission has been implemented. With a change of use it is harder, but you say the kitchen has been put in, as well as other works. What was the previous use of the building?

If you do need to reapply, it will be determined with regard to current policy, which may have changed in 10 years. However, there is a big push to get more housing, so as long as a critical use isn't being lost, and the conversion can be carried out without causing harm to neighbours etc, you're probably in with a decent chance.

macshoto · 18/06/2024 14:55

Seeline · 18/06/2024 14:52

Planning permission only lapses if the development hasn't commenced, it doesn't need to be completed. Obviously with physical development, such as a new building, it is much easier to determine whether the permission has been implemented. With a change of use it is harder, but you say the kitchen has been put in, as well as other works. What was the previous use of the building?

If you do need to reapply, it will be determined with regard to current policy, which may have changed in 10 years. However, there is a big push to get more housing, so as long as a critical use isn't being lost, and the conversion can be carried out without causing harm to neighbours etc, you're probably in with a decent chance.

Agree with this.

We bought a farm with a barn that had planning permission for conversion. All that had been done was building a wall and putting a chimney in - and that counted as development having started. As such it's worth checking whether the previous permission really has (or should have) lapsed.

Funnycupcake · 19/06/2024 16:35

Thanks is there a way of officially finding out if the planning has lapsed?

OP posts:
schloss · 19/06/2024 16:41

Funnycupcake · 19/06/2024 16:35

Thanks is there a way of officially finding out if the planning has lapsed?

Personally, for the moment I would "officially" try to find out and it will bring it to the planning departments attention - ask the EA what documents do they have to support planning has lapsed.

If one brick has been laid, or one brick of an existing building has been demolished then that is deemed having started so the permission cannot lapse.

There may have been a time clause added to the original planning application - you can check this online with whichever local authority area the property is in. If there is a clause, that would explain the lapsed planning.

schloss · 19/06/2024 17:15

schloss · 19/06/2024 16:41

Personally, for the moment I would "officially" try to find out and it will bring it to the planning departments attention - ask the EA what documents do they have to support planning has lapsed.

If one brick has been laid, or one brick of an existing building has been demolished then that is deemed having started so the permission cannot lapse.

There may have been a time clause added to the original planning application - you can check this online with whichever local authority area the property is in. If there is a clause, that would explain the lapsed planning.

@Funnycupcake quoting my own post I know - but would should read wouldn't in the first sentence. I mean by that do not contact the planning department, only check the applications on line, so you do not highlight the property to the planning department currently! Sorry, less haste on my part!!

mondaytosunday · 19/06/2024 17:47

You could look online on the councils planning portal for the property by address - if you have the reference number even better. It will state the terms of the permission.
If you think work has started (though surely the seller would know this and have told him) you would probably need evidence.,

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