Buying Land with Lapsed Planning

[Robert Rees]

Morning all,

I am looking to purchase a plot that had Planning Permission in 2014 but it has now passed the 3 year period.

How unlikely is it that it will now be refused? Also can I submit the previous applicants application or do I need to do a fresh one with new drawings etc?

Thanks
Rob

 

[blup]

Impossible to say but if the local and national planning policies haven't changed in the meantime (perhaps unlikely) there shouldn't be a problem in theory. Nearby developments that have been consented in the meantime could in theory also change the situation.

A good architect/planning consultant/designer are worth their weight in gold if they have a good relstionship with the planning authority and know the local area/policies.

You will be breaching copyright if you use the existing plans but might be able to make it a condition of purchase that you can do so, however I would think it unlikely the copyright owner (the original designer) will want to do that (for free, if at all) but there are plenty on here who will gainsay me if I am wrong on this.

Good luck.

Blup

 

[Nakajo]

Under most circumstances, if I was the plan drawer, I would happily grant a license for them to be re-used (for a modest fee).

 

[John D v2.0]

Some local authorities will do pre planning advice for a small fee, so you can always pop in during their hours and ask what their view would be.
You can even reapply for the permission and make it a condition of purchase. I think buying land for xx an uplifting by y once you get planning permission is a standard thing

 

[Leofric]

You will need a fresh application to renew the planning permission but you should be able to use the existing drawings ,if they were only done 4 years ago ,with the permission of the designer who would be the best person to submit the new application (assuming they were the agent as well as the designer ). They would need to charge for the work involved in preparing and dealing with the new application but not for preparing new drawings. If you are the applicant you will fill in the appropriate certificate on the application forms and notify the land owner. If there were objections from neighbours they can't have been considered valid in planning terms if it got permission, so it should be ok but you never know !!!