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Retrograde planning permission?

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  • Retrograde planning permission?

    I am currently the part owner of a property in the process of being sold in the UK.

    Here is the situation: My co-owner and I have been asked by our purchaser for details on two planning decisions pre the Town and Country planning acts of 1990. The building we are selling is Grade II listed and was altered in 1983/4 and 1989 under Planning Department supervision. The council records (allegedly) show no record of Grade II listing approval for either alteration, despite a building inspector condemning part of the property at the time, although I am certain that the planning department did not give planning permission without Grade II listing approval as a condition of the relevant permissions. The council claims to have no record of Grade II listing approval for either granted permission.

    In addition; the council, after first stating two weeks ago that they would issue a Lawful Development Certificate, have now backtracked and are insisting on a full Grade II listing permission application thirty years after the then planning department approved the property alterations.

    Comments? Advice?
    Tags: None

  • #2
    Re: Retrograde planning permission?

    I'm familiar with this problem since I own a Grade I Listed property which doesn't have Listed Building Consent for alterations made light years ago.

    When I purchased it my solicitor told the seller that the deal would only go ahead if they provided an Indemnity Insurance policy in the event of any problems further down the line. These policies can be bought at a modest cost.

    However you may have scuppered your chances to do that since you have now alerted the Local Authority to the problem. Most policies require a 'no contact with the LA in the last 12 months' before they'll provide cover.

    It may still be worth exploring so here's a link to Country Life which is the only internet resource I could find that wasn't trying to sell something

    http://www.countrylife.co.uk/propert...erations-22838

    I don't know how long ago you purchased your property but are you sure your solicitor did all the right checks at the time?

    Di

    Comment


    • #3
      Re: Retrograde planning permission?

      Originally posted by Diana M View Post
      I'm familiar with this problem since I own a Grade I Listed property which doesn't have Listed Building Consent for alterations made light years ago.

      When I purchased it my solicitor told the seller that the deal would only go ahead if they provided an Indemnity Insurance policy in the event of any problems further down the line. These policies can be bought at a modest cost.

      However you may have scuppered your chances to do that since you have now alerted the Local Authority to the problem. Most policies require a 'no contact with the LA in the last 12 months' before they'll provide cover.

      It may still be worth exploring so here's a link to Country Life which is the only internet resource I could find that wasn't trying to sell something

      http://www.countrylife.co.uk/propert...erations-22838

      I don't know how long ago you purchased your property but are you sure your solicitor did all the right checks at the time?

      Di
      Here's the thing. I inherited my share in the property two years ago from my Mother and am as certain as I can be that relevant legal planning permission was obtained for the alterations made during 1983-4 and 1989. I also have a clear memory of the planning notices that were posted outside the property prior to planning permission being granted. I am also certain that Grade II planning was a part of the requirement of the permissions granted as this was listed on the notice of planning application posted on one of our gateposts at the time.

      Might this not be a case of the planning department not ticking all the right boxes? Surely they could not have legally granted permission for the alterations without implicit Grade II listing consent? Because we do have a record of planning permission being granted for both sets of alterations, but not the Grade II.

      Comment


      • #4
        Re: Retrograde planning permission?

        If you can get to the planning archives,whi h will most likely be on microfiche,go through them manually. It just may be the the council ha e them filed under your late mother s name rather than yours.

        Comment


        • #5
          Re: Retrograde planning permission?

          Originally posted by Tell me about it View Post
          the council, after first stating two weeks ago that they would issue a Lawful Development Certificate, have now backtracked and are insisting on a full Grade II listing permission application thirty years after the then planning department approved the property alterations.
          What were the alterations done in the 1980s?

          Have you had any indication as to whether a retrospective application for Listed Building Comsent would be refused because sometimes it can be easier just to co-operate with the Loacal Authority's demands rather than delay a sale while arguing with them.

          It may also make sense to befriend the Conservation Officer because they would have to approve any application. They will usually visit the property and give you advice - most don't charge for this. It could result in the need to tweak something that was altered in order to get over this current legal hurdle.

          There's no time amnesty on Listed Building consent unlike regular planning applications.

          Di

          Comment


          • #6
            Re: Retrograde planning permission?

            Knowing the council, the original records are still in their paper format, in some off site storage. Over the last thirty years I believe there have been losses to the original archive due to flooding. Whether these impact on the original planning application is another matter.

            I'm based in Victoria BC Canada. My co-owner lives in the area where the property is. Although he told me that he visited the council offices two week ago and was assured that a Lawful Development Certificate would be issued, as they had a record of planning being granted for the alterations that were made in both 1983/4 and 1989. We have a record of listed building consent for 1989, but not for the previous works.

            Comment

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