# Planning issues halting Sale



## gears303 (1 Apr 2014)

Hi,
I am selling a house (in negative equity),  I purchased back in 2005. 
I have buyers on the line, who have put down a deposit. 
Their Engineer has several issues with my planning and the buyers are very nervous and threatening to pull out.

Planning was granted for the house back in 2004, and three of the conditions have not been met:

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"1). Entrance shall be recessed a minimum of 4.5m from existing front boundary fence and side walls shall be splayed at an angle of 45dgs and walls and piers shall not exceed a height of over 1m over the level of the adjoining public road"

     (In my case: the entrance is splayed at 45 degrees and entrance recessed more than 4.5m. However, the entrance piers are 1.5m, the timber post and rail across the  front is 1.5m and hedging behind it, is 2m above road. This is not in compliance with their less than 1m above the road, though its worth noting, the garden is .5m above the height of the road).

"2). Side walls and piers of entrance and any new road boundary shall be of
a) natural stone
b) sod and stone or
c). earth berm or earth berm with hedge of indigenous species planted on top at 60cm intervals"

  (In my case: I've got entrance piers built from block, plastered over, and painted the same colour as the house. I also have timber fencing across the front with beech hedging behind it).

"3). The site shall be landscaped and planted in accordance with a comprehensive scheme to comprise predominantly native species and varieties and to include:
a). Details of screen planting
b). species, variety, number and locations of shrubs
c). Programme for implementation of the scheme
Full details should be submitted and agreed with the Planning Authority prior to commencement of development"

  (In my case: No scheme was submitted, but I planted beech hedging across the front and around the entire boundary. I have planted a few shrubs and trees across the property).

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The buyers' Engineer also has a big problem with the fact the planning was granted based on a site of 3 acres. During the sale, the builder signed over a reduced site of .5 acres with the house on it, to me. My Engineer and my Solicitor had no problem with this at the time. The buyers' Engineer says I do not have planning for my house on the .5 acre site since it was granted based on 3 acres. Planning file in Planning office has 3 acres for site.

I have no clue on planning and how to resolve the above issues.
I don't have money to throw around taking on an Engineer as I am getting married in a few weeks and cash is very tight.

Can anyone please advise on how to get out of this (quickly) before the buyers pull out and look elsewhere?


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## emeralds (1 Apr 2014)

So the planning office think your house is on 3 acres but it is only on .5 acres? And planning was granted based on 3 acres and not .5 acres?


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## gears303 (1 Apr 2014)

emeralds said:


> So the planning office think your house is on 3 acres but it is only on .5 acres? And planning was granted based on 3 acres and not .5 acres?



During the Sale the builder transferred 0.5 acre plot, where the house resides, over to me. The original planning was granted on the larger 3 acre site, but I own this 0.5 acre plot.

I was first time buyer and had Solicitor and Engineer engaged to oversee planning and Sale. 

Nothing was flagged for follow-up or as a cause for concern by either of them.


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## Dr.Debt (1 Apr 2014)

Why don't you apply for planning retention to regularize everything that now exists on the ground ?


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## gears303 (1 Apr 2014)

Thanks for your feedback Dr. Debt

I don't know much about the whole process tbh
Is that the best (or only way) to go about it?

Is this something I could go myself or would it definitely require expertise of an Engineer?


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## Dr.Debt (1 Apr 2014)

Yes, In general terms where a development doesnt comply with the terms of the planning permission, you can make an application to the council to approve what has actually been built. You will be applying to retain what is there now. I would recommend using an engineer for this.


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## Sandals (1 Apr 2014)

Re no 2. Had pp granted around 2003, built in 2006, built plastered block wall instead of stone wall...neighbour complained out of the blue as they looking to grt whole little road the same...was told if 5 yrs passed then my wall allowed.


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## Bronte (2 Apr 2014)

Sandals said:


> s they looking to grt whole little road the same.


 
grt???


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## cremeegg (2 Apr 2014)

A couple of points.

If it is more than 7 years, the planning authority cannot act against you. *Probably*. See section 157 of the Planning and Development Act 2000. Of course your purchaser may still be wary.

Regarding the points 1 to 3. In the context of buying a house these are minor. I suggest that you get an estimate from a builder or landscaper for the cost of rectifying. Offer to reduce the sale price by this amount. Even just part of the amount, after all they will benefit from the work and in reality it will never be done.

The final point 0.5 vs 3 acres seems more serious. I would apply for retention. That is planning permission for the house on the actual site. You could start this yourself. Contact the council explain the situation ask how to get permission for retention. Only bring in an engineer if you need one.


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