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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?
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?
That would be great thanks,
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.
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.
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.
Understandably so, if you were aware of this planning application it is unlikely you would have continued with the purchase.
This could further decrease the market value of the property.
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.
Apologies, sorry I misunderstood. Yes the best route would be too pursue the seller for misrepresentation.
Glad to bee off assistance, I wish you all the best in the future.
Happy to help.