The Impact Of Planning Applications And Objections
Posted on 29th April 2020
Planning Permission is of extreme importance when carrying out certain works to your property. It is important that the same is sought from the local council, to avoid any enforcement action and required remedial works at a later date, which can become extremely costly.
See our Preston solicitors’ blog on the importance of Planning Permission, by following.
When planning applications are submitted, the same can, in some cases, be objected to. This was the case for award winning star, Ed Sheeran. Sheeran, owner of a number of properties in Suffolk, all within metres of each other, holds a £3.7 million estate, better known as ‘Sheeran-Ville’, inclusive of a pub, tree-house and chapel.
Back in October 2019, our Preston solicitors discussed the issues Sheeran was facing from neighbour noise complaints, see our blog, and he is now involved in the latest saga. He has now been battling to make an objection to plans of a neighbouring property owner, Mr Robinson, who wishes to extend his property garden, by 50 metres, into a paddock area.
Sheeran’s submissions protest that the works would extend the village into the countryside, and would “cause detriment to the immediate environs without justification”.
Despite Sheeran’s gripes with the works, the same have now been granted Permission to proceed and, with the green light now given, Robinson is keen to get the ball rolling. He has commented on the matter that he was “disappointed” with the comments of Sheeran, particularly given the extensive works he, himself, has carried out to ‘Sheeran-Ville’. Robinson went on to comment that he had, in fact, supported Sheeran’s past works, particularly the chapel built in the adjacent field under his oak tree.
Although the works have been permitted, the same have been granted in accordance with certain conditions. One of the conditions is that the works are to be completed within three years, and there is not to be any external lighting erected.
Planning Permissions with conditions are a common finding of our Preston solicitors when reviewing local authority search results. The search provides a specific section which lists Planning Permissions and, more particularly, whether the same are subject to conditions.
It would be, at this stage of your conveyance, that our Preston solicitors would be raising certain enquiries, as a result of such findings. See our blog on the importance of pre-contract enquiries, here. Dependent on the type of Permission, specific enquiries could be raised to:
- Request a copy of the Planning Permission itself, to determine exactly what the conditions attached entail. This allows your property solicitor to clarify whether the conditions may place an on-going obligation on you, as the new owner of the property.
- To confirm that the conditions of the Permission have been met, to date. This allows your conveyancer to ensure that there are no outstanding liabilities, or potential for enforcement action, that could go on to affect you, post completion.
Planning conditions can be imposed for a number of reasons, and it is for the planning authority to assess applications on a case-by-case basis, and form any necessary conditions that may be required. Common conditions involve those that are imposed to protect and preserve the environment, a clear concern expressed int his matter by Sheeran. Other conditions can be in place to preserve the amenity of an area, to ensure there are adequate drainage features in place to serve the property, to manage potential risks at the site such as flooding, and many more. As you can see, conditions can relate to a variety of different items and, therefore, it is not uncommon for the same to be in place.
Where such conditions are not complied with, this can lead to issues. Enforcement action can be taken, to ensure that the conditions are met which, in some cases, can require extensive remedial works that, as you can imagine, can be extremely costly. Non-compliance of enforcement action is illegal and can, of course, then bring about further problems. This is the reasoning for your property solicitor requesting clarity that such conditions have been met, and there are no outstanding liabilities that may come to bite you from behind at a later date.
If, therefore, you are purchasing a property, it is important to be aware of potential Planning Permissions and, of course, any conditions. This allows you to ensure that the same have been complied with, and will not pose any adversity to you. Our solicitors in Preston will always explain the same to you, together with the potential implications.
So, if you are purchasing a property and have a Planning Permission query, or any other conveyancing question, get in touch today, by emailing firstname.lastname@example.org, and our local solicitors will be on hand to assist you.
MG Legal – Your Local Solicitors
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