Planning Permission Owner? Can Someone Else use it?
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Joined: Wed Feb 13, 2019 10:28 am

Planning Permission Owner? Can Someone Else use it?

Post by A123 » Wed Feb 13, 2019 10:34 am

Hi All,

I would like some advice. I am in the process of selling my
property to a property development firm. However, it has since unfolded that
the firm don’t actually have any money to buy the property. They reassured me
the whole time that they would release the deposit once the planning was
approved. However 4 weeks after the planning was approved and after we got a
mortgage in place and paid for a survey on our forward purchase (on their
request as we only have 6 months to move out once their deposit is released.),
they have now told us that they don’t have the money to buy our property.

Obviously as you can imagine we are devastated that after a
year of planning proposals being declined/deferred and neighbours complaining and
general stress/awkward living arrangements, to finally get the planning approval,
only to be let down with a problem that we never expected. We are also now out
of pocket for the money we’ve spent on our forward purchase, as we will no
doubt lose the option to buy this.

My question is once the contract expires with the property
development company which is within the next few weeks. Am I then in a position
to market our property at auction or privately with the benefit of the planning
permission that was recently approved? If so, what proof do I have? Obviously
the planning portal council website has the approval which can be
seen/downloaded, but is this sufficient to sell our property? We understand that
we probably don’t own the architecture drawings but the permission itself
belongs to the land and lasts for 3 years as far as we understand.

Any advice would be gratefully received as we are really
lost as to what to do next.

Thanks in advance

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