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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9318
Experience:  I have been practising for 30 years.
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I am trying to sell my flat. I have a buyer but they are

Resolved Question:

I am trying to sell my flat. I have a buyer but they are concerned about getting future planning permission to do do a side return extension. Permission to do this work was refused 14 years ago as it was deemed it would restrict the light to the next door neighbours flat. There is a wooden platform and staircase partially covering the neighbours side return which adds to this issue. However with thoughtful design and planning to ensure the neighbours are not affected in anyway would it be possible for future permission be granted?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

What do you want to know about this?

There is no reason why you could not exchange contracts conditionally upon getting planning permission.

What would happen if you exchange contracts with the condition and either you or the buyers apply for planning consent. If it’s granted, you complete and the sale goes ahead. If it isn’t granted, you both walk away.

There is nothing to stop you applying for planning permission, regardless of any sale but bear in mind that it only lasts for 5 years before the work has to be started or the permission renewed.

It would make sense for you to make an application soon as you can to start the ball rolling but, if you have been turned down before, it would make sense to modify the plans and to use a planning consultant to make the application because the planning consultant will know exactly what is in the mind of the local planning authority. You will usually find that the extra money, is money well spent.

Can I clarify anything for you?

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Best wishes.

FES.

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