Breach of planning condition for converted property


Postby samir » Sat Jan 29, 2011 1:04 pm

Hi,

Wondering if anyone can help here.

I purchased a new studio flat which was built over an existing shop, about 3.5 years ago. The sale went through shortly after the property was completed.

The studio, and 3 other flats/studios, were all constructed at the same time.

The development is in a conversation area, and the council imposed a condition on the grant of planning permission to say that "new windows must be painted timber" (because the development is in a conservation area).

We had a letter through from planning officers recently saying that we must replace the windows because they are in breach of the condition, otherwise they will impose a Breach of Planning Condition Notice.

I appreciate that the council are within their right to say I'm responsible (caveat emptor, etc) but would I have any recourse to make a claim against any of the following:

- My mortgage lender's surveyor (who in reply to "Is the property of Architectural or Historic Interest, listed, or in a Conservation Area?", answered "No");
- The developer (who didn't comply with the planning conditions);
- My solicitor (who handled the transaction - I've checked my files and they did not advise me of anything unusual when carrying out the usual searches done as part of a property purchase).

Thanks in advance.

Samir
samir
Posts: 2
Joined: Sat Jan 29, 2011 12:46 pm

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Postby stoneyboy » Sun Jan 30, 2011 8:34 pm

samir,
You really need to take legal advice on this - solicitors will asses your situation and give you an opinion but this may cost you a fee.
end
stoneyboy
Posts: 2708
Joined: Wed Dec 10, 2008 6:44 pm


Postby samir » Sun Jan 30, 2011 8:56 pm

Thanks stoneyboy

I was going to do that anyway, but was hoping for a quick & dirty yes/no/maybe

I guess I got a maybe

Cheers though
samir
Posts: 2
Joined: Sat Jan 29, 2011 12:46 pm


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