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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18362
Experience:  I have been practising for 30 years.
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I am looking for some advice on a buying a house question to

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Hi
JA: Hi. How can I help?
Customer: i am looking for some advice on a buying a house question to validate my solicitors approach - they are seeking planning permission documentation for the erection of the bungalow to see if it includes a ‘farming only’ clause (built in 60s was common practice for bungalows in the 60s apparently?)
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: we are about to exchange but this point is holding it up. The sellers are not providing the planning permission and the council are being slow also. My question- how likely is the planning permission to have this clause?
JA: Where is the house located?
Customer: suton wymondham norfolk uk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just that we are looking for risk assessment type advise - is this a necessary check? How likely is it to include it? What happens if it does? Should we be holding up exchange for this?

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

and who brought this question up?

does the property have a farm nearby or used to be?

Customer: replied 10 days ago.
its Oakfield, eleven mile lane, suton norfolk nr18z there is farmland in front and behind the property. There are several properties along that lane.
Customer: replied 10 days ago.
Ignore the ‘z’
Customer: replied 10 days ago.
Im just looking to validate solicitors approach and assess risk of waiting / not waiting likelihood etc

There is no reason why the planning department should be particularly slow although it depends how long it’s already taken.

There is no way that we could guesstimate whether this clause would be in or not although what you may find it’s quicker to ask the council is whether, if there is indeed a planning restriction that it can only be used for agricultural workers or suchlike, whether they are actually interested in enforcing the clause if it is there.

They may take some time to look for the actual planning consent going back that long, but enforceability should be something that takes them 10 minutes to advise yes or no.

If they tell you that they would not normally enforce it, but you can get an indemnity policy for breach of planning consent.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES

Customer: replied 10 days ago.
This is great advice thanks so much. I have asked my solicitor to investigate the indemnity policy option. We’ve decided to go this route and ask the sellers to provide the planning permission or pay for the policy. If thats a no go we’ll get in touch with council to ask about their intent to enforce if it were there and or possibly pay for the policy ourselves to cover us. Thanks so much, have a great evening

I think that’s a good plan. No problem at all. I am glad to help. Please come back to me at any time if anything needs clarification. Kind regards.

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