New build homes and planning conditions

Planning permission is a written consent issued by the local authority confirming that specific plans have been approved for development in the locality concerned. Permissions usually lapse after three years if the work has not started. Many planning decisions are based on local building and planning requirements, which is why each local council has authority to approve or refuse planning applications relating to development in its area (an appeal system is available).

Generally planning permission is needed to:

• make a major change to a building (for example, building an extension)
• change the use of a building
• build a new structure.

When granting planning permission, the local authority will usually add conditions to the permission. These can be many and varied and may cover such things as:

• landscaping the site with plants
• parking and access to the site
• dealing with flood risk at the site
• how foul drainage is to be dealt with
• restrictions on use
• requiring archaeological investigations to be carried out
• clearing up contamination of the land before building starts.

Many of the planning conditions must be complied with before the building at the site starts. Compliance with planning conditions is important – if they are not complied with the local authority can take enforcement action which could mean that the property has to be taken down.

Homeowners at a development in Cheshire are facing just this problem. It is reported that Cheshire East Council is considering what to do with an estate of over 260 houses where the developer obtained planning permission but did not deal with a planning condition relating to contaminated land. This could have far reaching and serious consequences for the home owners.

When someone buys a property (new build, or otherwise) their property lawyer will usually carry out a search of the local authority which will reveal whether any planning applications have been issued in relation to that property. That property lawyer should not only obtain a copy of the relevant planning permissions, but should ask questions of a seller or developer to ensure that all planning conditions have been complied with.

To discuss this or any other property matter, contact us.