# Changing Name on Planning Permission



## jaja (26 Apr 2010)

I own a site and my parents got full planning permission on the site, due to the fact that my father is disabled and they wanted to live near me as I own a house quite close. Due to a change in circumstances, my parents have decided not to build and I am wondering if the Council would consider giving me the planning permission to build myself on the site. They only gave the PP in the first place because of the circumstances with my father being disabled. Would I have to tell the council of the change or could I just build on the site under my parents planning permission? Would the bank look for a copy of the PP to check if it is in my name (when applying for a mortgage)? Any advice or experience would be greatly appreciated.


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## onq (26 Apr 2010)

Well, I think we've seen all the permutations now jaja 

We've had people building on their parents land and obtaining the permission.

Now we have parents obtaining permission on lands in their childs possession.

And just to top it off, a child building a permission his parents obtained - LOL!

Its never boring on AAM!

The short answer is - read the permission conditions and see if there are any limitations as to use.

If you intend to build and sell on, you may be limited by such a condition.

However permission goes with the land, not the person, so you could perhaps seek a revision to previously permitted.

ONQ.
[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon        as a defence or support - in and of itself - should legal action   be      taken.
Competent legal and building professionals should be asked to advise in        Real Life with rights to inspect and issue reports on the matters   at      hand.


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## jaja (26 Apr 2010)

I know. Unusual situation for sure. Yes there is a condition stating that "the house when completed shall be first occupied, as a place of permanent residence, by the applicant and shall remain so occupied thereafter for a minimum of 7 years". So obviously, you're right, I will have to ask the Council to revise it. I don't intend to sell it on. We intend to live in it and sell our own house. Thanks for the reply. Much appreciated. Glad you got a laugh. haha


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## onq (27 Apr 2010)

Laughs are hard to come by these days, jaja.

If you're intending to keep it in the family, but not for the original applicant, while you're the landowner you have as good a case as can be made, by the looks of it.

Best of luck obtaining the permission and you know where we are if you need more advice.

ONQ.


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## mf1 (27 Apr 2010)

jaja said:


> I know. Unusual situation for sure. Yes there is a condition stating that "the house when completed shall be first occupied, as a place of permanent residence, by the applicant and shall remain so occupied thereafter for a minimum of 7 years". So obviously, you're right, I will have to ask the Council to revise it. I don't intend to sell it on. We intend to live in it and sell our own house. Thanks for the reply. Much appreciated. Glad you got a laugh. haha



If you had applied for permission yourself, would you have got permission? 

I rather suspect not - I suspect the application was deliberately made in the name of the father specifically to get the permission. 

And would the bank look for a copy of the PP? 

Em, yes. Of course. You'd be running a coach and horses through planning and compliance otherwise.

mf


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## jaja (27 Apr 2010)

mf1 said:


> If you had applied for permission yourself, would you have got permission?
> 
> I rather suspect not - I suspect the application was deliberately made in the name of the father specifically to get the permission.
> 
> ...


 
Actually mf1, no the application was not deliberately made in my fathers name to get the permission. The case was genuine and my parents are not from the area, so it depended on me having lived here for more than ten years and having to prove it for them to even be considered for planning permission. My architect at the time said it would be alot easier for my partner and I to get the planning ourselves, as my partner is from the area and I have lived here for more than 10 years. I am not trying to con anyone, especially the Council. I just simply asked a question as I do not know the in's and out's of planning. Circumstances have changed for my parents and they are not moving now. Simple as!


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## jump (22 Nov 2011)

hi Ja ja 
How did you get on ? i am tryign to do this at the moment. planning in my sister name. mortage cant be approved unless its in my name or condition ( same as yours ) is wavered.


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## Superman (22 Nov 2011)

jump said:


> hi Ja ja
> How did you get on ? i am tryign to do this at the moment. planning in my sister name. mortage cant be approved unless its in my name or condition ( same as yours ) is wavered.


The OP was unlikely to have succeeded. He had no housing need (the fact that he already had a house was proof of this).
If your sister has permission and you fulfill the criteria, you can get it changed. 
You already fulfill some of the criteria (e.g. from the same area) and permission can in principle be granted on the site.
The decisive questions will be:
Do you already have a house in the area?
Are you working in the area?
Have you lived in the area in the last 10 years?


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## onq (22 Nov 2011)

jump said:


> hi Ja ja
> How did you get on ? i am tryign to do this at the moment. planning in my sister name. mortage cant be approved unless its in my name or condition ( same as yours ) is wavered.



Is there a restrictive condition on the permission - "same as yours" - what does that mean exactly in relation to who can build?

ONQ.
[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon         as a defence or support - in and of itself - should legal action    be      taken.
Competent legal and building professionals should be asked to advise in         Real Life with rights to inspect and issue reports on the matters    at      hand.


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