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May, 2017

Monday

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  1. #1
    Join Date
    May 2010
    Posts
    412

    Default Applying for planning permission for an auction property

    Hi All,

    I have myself an auction property, completion deadline is set for 3 months. I am thinking of applying for planning permission which can take up to 8 weeks to get an outcome, so that once completion is done, work can begin straight away in order to achieve maximum efficiency.

    The sale is a probate type, and its being sold by the administrators of the estate. Are there any gotchas that I need to be aware of, and should the notice of my intention be sent to the managing/selling agent or perhaps sent to my solicitor for them to inform the sellers solicitors, I don't know if this is something my solicitor will want to charge extra for as this is not part of the standard conveyancing process but I see it as a one page letter that I can do myself.

    Thanks in advance

  2. #2
    Join Date
    Aug 2014
    Posts
    152

    Default

    Anyone can apply for planning permission regardless of whether they own the land or not.

    Theres a space in the form to note down the owners of the land.

    Common sense would be to make them aware of your application

  3. #3
    Join Date
    Aug 2010
    Location
    London
    Posts
    1,556

    Default

    If you don't own the 'property' you need to serve Notice on the owner and declare that you have done so on the [Planning] application form.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

  4. #4
    Join Date
    Jan 2010
    Location
    Central south coast
    Posts
    4,539

    Default

    I would like to add that at 8 weeks quite often a deferred notice is sent delaying the actual outcome even further. Apart from a contentious application this could also be due to staff shortages and pressure of work.

  5. #5
    Join Date
    Mar 2010
    Posts
    782

    Default

    I have myself an auction property, completion deadline is set for 3 months.
    If you are thinking on bidding on an auction property, because that quote is unclear to me as to what is actually happening, then making a planning application may not be a sensible thing to do unless you have definitely signed a legal agreement to become the owner.

    If that quote means that you have exchanged contracts on the sale, with completion agreed in 3 months time, then on the application form when applying to the local planing authority you will need to complete section B which relates to ownership of the property by someone other than the applicant.

    There is a specific form of words to be used when sending the appropriate notice to the land-owner under section 13 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
    Notice of applications for planning permission

    13.—(1) Except where paragraph (2) applies, an applicant for planning permission must give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of the land to which the application relates, or a tenant—

    (a)by serving the notice on every such person whose name and address is known to the applicant
    This is the web-site where a pdf file of the Notice can be found that needs to be posted to the current owner once the details are added.
    https://ecab.planningportal.co.uk/up...es/notice1.pdf

    You do not need to employ a solicitor to complete and send such a notice.
    It needs to be addressed to the administrator of the estate as he/she acts for the deceased owner.

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