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MatthewM1117
MatthewM1117,
Category: Property Law
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I bought a retirement property and moved in 10 weeks ago I’m

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I bought a retirement property and moved in 10 weeks ago I’m very happy, however just discovered that 9 acres of land next to me is to be developed for family housing. This didn’t come up in searches however the seller knew about it and I was not told do I have a case against the seller?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Only just had the planning letter so got until 31 June to put in an objection the seller has be advised of the official application
JA: Where is the land located?
Customer: in Balsall common Coventry on green belt land and it’s adjacent to a care home too
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the zChen’s is for 95 family houses 40 of which are social housing and ( plots self build. I access my property down a small land and addition traffic in be catastrophic
Customer: replied 18 days ago.
Can you give me a time scale?

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today, when you purchased the property did you carry out a local search?

Customer: replied 18 days ago.
as there was no actual planning application lodge at that time nothing shown up. Obviously this would be the first thing my solicitor would have done

Thank you, ***** ***** be very surprised that this would not have been flagged up on the local search as usually planning permission is commenced around 2 - 2.5 years before work actually commences.

Do you have a copy of the local search, and if so can you attach a copy using the paperclip icon?

Customer: replied 18 days ago.
in my file at home. Definitely nothing showed.I’ll see what I can do when I’m home

That would be great thanks,

Customer: replied 18 days ago.
Hi I’m home I’ve rechecked my searches particularly planning applications and I confirm there are none for the proposed 95 family houses! I’m having a problem with trying to attach. I also note that your profile says your an employment lawyer. Could you clarify this. Are you in the U.K. and if so where about?

I am in the U.K. and work for a solicitors firm in Manchester, I primarily work in employment at the moment but I worked in residential property for just over 5 years. Thank you for the clarification, can you provide your post code and I will check on the planning applications portal.

The planning application may not necessarily refer to 95 houses as this may have been agreed at a later stage.

Customer: replied 18 days ago.
Ok thanks for that it’s CV77SR the application ref is PL2021/01360/MAJFOT.
Also worst case scenario would I have a case against the seller of my property as nothing was mentioned to me when buying and I understand that they lodged an objection to this development last year. Obviously no formal objection could be raised as at that time no firm application had been sent to Solihull council.

If the seller did not mention the planning application in the property information form then misrepresentation will have arisen, this is where the seller makes a false statement of fact relating to the property, which is relied upon by the buyer, causing them loss.

The remedy available to the buyer depends upon the nature of the misrepresentation, and whether it is made fraudulently which would appear to be the case, as the seller lodged an objection to the planning permission.

Broadly speaking the remedy is likely to be damages, the damages would be calculated by assessing the cost of putting the buyer into the position that they would be in beforehand the misrepresentation took place. The losses awarded can be fairly wide and include those associated with a fall in the market value of a property.

Customer: replied 18 days ago.
that is exactly the case! Very interesting I will consider this point and the next steps I wish to take.
The plans have already reduced from 118 to 95 and my assumption is that is the outcome of the developer with the council prior to submitting a formal application.

This may be one of the reasons they decided to sell the property. It would be fairly simple to demonstrate that they had knowledge of the planning permission and that they intended to deprive you of this infromation.

Customer: replied 18 days ago.
It’s a retirement village I’m just one owner of a retirement village of 39 properties. Some residents moved into their home early last year, I and others have purchased and moved in this year my completion was on the 31 March this year so I’m relatively a new resident. It’s a high end retirement village with property in excess of £300/400k so the thought of having to consider moving or having family housing so close is a concern.

Understandably so, if you were aware of this planning application it is unlikely you would have continued with the purchase.

Customer: replied 18 days ago.
Absolutely, especially as the substation (according to the plans) seems quite close to my property! Researching substation there is/could be some health concerns.

This could further decrease the market value of the property.

Customer: replied 18 days ago.
Would I have a good case for action against the owners of the village which is a company called Amber?

This would be unlikely as if they have received planning permission it would be difficult to find fault unless they breached the provisions of the planning permission.  The best route would be pursue the seller for misrepresentation.

Customer: replied 18 days ago.
I was referring to my seller (Amber) not the developer of the new development,

Apologies, sorry I misunderstood. Yes the best route would be too pursue the seller for misrepresentation.

Customer: replied 18 days ago.
Ok well thank you for your advice

Glad to bee off assistance, I wish you all the best in the future.

Customer: replied 18 days ago.
Thank you

Happy to help.

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