Ownership of Planning Permission

Updated on 23rd April 2015 in Planning Permission
0 on 23rd April 2015

I have applied with the owners consent for planning permission for the development of 9 houses. There were issues over the local sewage works which delayed the application over a year. I carried out vast amounts of work regarding both sewage and surface water discharge from the site and have now been advised by the local authority that a number of developments are now likely to be granted permission, one of them being mine. I need your urgent advise and opinion please regarding my position.

The facts are:

  • I had offered £365000 for the land subject to getting planning permission, this has been protracted
  • I am now in a position that the planning permission is now possibly going to be granted in the next few weeks, according to the local authority
  • However the bank will not extend terms to us to enable to financing of the project as originally planned, so I have spoken to the vendors, which include executors of an estate with regard to a form of joint venture, which yesterday they declined.
  • This would result in me not being able to buy the land or progress the development.

I need to ascertain where I stand with regard to the planning permission:

1. Do we own the permission on the basis we have applied , paid for all of the work etc
2. Can the local authority allow the owners of the land use of the application or ant part of the information we submitted in regard to it
3. If the planning permission is in our name, can anyone else develop the site on this planning permission or is it just us.
4. I understand that there may still be outline planning permission on the site in the name of the vendors, can this be converted to full based on the application and information we have provided to the local authority.
I would be grateful for your advise

Many thanks

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