You are most probably reading this section of our website because we have written to you recently and you have some more questions that remain, until now, unanswered. I hope that having read through this section you are now more familiar with our process. Please do contact us so we can both discuss the process further or answer any other question that you may have that we have not addressed in this section.
Why have you written to me?
We have written to you because we have specifically identified your property as one with development potential. This means that we have seen your property from the road and / or looked at an ordinance survey plan and noted that your plot is, in planning terms, under utilised.
We have considered the character of the area and noted that your property has, in context with the wider character, got potential to intensify development.
Is this just another one of those circular letters?
No, we have specifically selected your property from either the road and or looked at an ordinance survey (OS) plan. When considering a planning change or intensification in the form of more development the best place to start making a judgement is from the OS plans. This means we have looked at the character of the wider area, before having written to you, and made a judgement that your plot has development potential.
I am interested in selling my property now
It is unlikely that we will consider buying your property before we secure a planning permission. We have written to you with our anticipation that we can pay more for your property than current market value on the basis that we secure a planning permission to redevelop the land. However we do sometimes purchase properties unconditional on planning so do give us a call to discuss your requirements further.
I am interested in selling my property in a few years time
Two to three years is almost the perfect timescale to obtain a planning permission and to perfect it. If you are interested in moving in two to three years time then please do call us now. We will require you to get involved with the process now (please see below, “why do I have to sign an option contract”). Remember we are aiming to agree to purchase your property for a sum greater than market value on the basis that we secure a planning permission, so by contacting us now and allowing us to start the planning process will put us in place to make a purchase within two years time.
How long does it take to get planning permission and why does it take so long?
Getting a planning permission is a complex task. It is not just a matter of submitting some drawings to the local planning authority, although that is part of the process. Most Local Planning Authorities now require a host of information to be submitted in support of applications. These often include Planning Statements, Design and Access Statements, Topographical Surveys, Arboriculture Impact Assessment Reports, Highway safety audits including motion surveys, tracking surveys and impact assessments.
Aside from the technical supporting information that we have to produce we of course have to consider the design and impact of our proposals on the character of an area. It is this discussion and debate that always forms the basis of pre-application enquiries with the Planning Officer. Making several draft changes to the drawings set and meeting with the Planning Officer (often more than once or twice) is a regular occurrence when preparing the application pack.
Once the application is submitted and registered the formal process begins and the planning officer will seek advice from other outside consultants including making the public aware of the application. This part of the process takes 8 – 13 weeks and will often result in the application being presented and finally determined by a planning committee. The date that the committee members meet is usually monthly and this can add time to a planning application. If the application is eventually refused by the Local Planning Authority the decision can be appealed against by making an appeal to the Planning Inspectorate http://www.planning-inspectorate.gov.uk/
A planning appeal can take from 6 to 12 months to reach a conclusion so one can easily see how the entire process takes 18-24 months to complete.
More information on Planning is available at the Planning Portal http://www.planningportal.gov.uk/
Who pays for the planning exercise?
Lightwood Property will pay for the planning application and all of the associated work relating to the planning application submission process. It is safe to say that at no point do we ask you to pay for anything to do with planning applications.
Why do I have to sign an option contract?
As previously mentioned we undertake to pay for all of the planning application costs. These costs run into tens of thousands of pounds, due mainly to all of the other professional service costs that are involved in the process. So having spent and committed to spending this money we want to make sure that you will sell the property to us when we obtain a planning permission. If we did not have a contract then it would be possible that you change your mind and don’t sell the property to us after we have spent a significant amount of money in the meantime. So quite simply we do require a contract to be signed to protect this investment. If for any reason we are unsuccessful in obtaining a planning permission and a conclusion has transpired before the end of the contract period then we will of course agree to terminate the contract.
What happens if you don’t get planning permission?
If we do not get planning permission granted by the Local Planning Authority then we more often than not appeal against this decision. In most cases we actually submit another planning application and appeal the refusal of the first decision. In doing so we are maximising our chance of obtaining planning permission during the term of our contract. It is quite rare that we don’t get a planning permission at the end of the day even if it is down to persistence and changing a planning application scheme to accommodate reasons for refusal in a previous application.
Why do you think you can pay more for our property that it is worth?
We have approached you initially because you have a property that is “underutilised” in planning terms. This means that if we are able to obtain a planning permission to redevelop the land then the land value is considered in the context of our development appraisal. We therefore consider the residual land value as part of an overall development scheme. In majority of cases the development land value exceeds current market value as long as we can intensify the development potential on the land.
We have got restrictive covenants on our property that prohibit more development
We always investigate restrictive covenants at the beginning of the legal process, usually after we have agreed terms but before we actually sign contracts. Restrictive covenants are not always enforceable due to their age or quite simply because their function to protect a beneficiary has seized to apply. Our initial advice when it comes to covenants is to proceed with the view that we can overcome the restriction. In most cases we can.
Once you have got planning permission when do we have to move?
In most cases we are very flexible and understand that there is a lot for you to do when considering moving house. Usually we offer to delay completion for anything from one month to six months. This is something that we can discuss at the outset and accommodate in the contract that we agree. We always try and accommodate timings requirements.
How does the planning process work?
The planning process in this country is quite complex and is changing all of the time. In very simple terms an applicant has to make a presentation to a Local Authority to obtain a planning consent. Drawings and other information have to be produced to the standard required by the Local Authority and then through a public process a decision is made which either supports an application with a planning permission or restricts a development by a planning refusal. It is possible to appeal against a decision imposed by the Local Authority where appeals are made to the Planning Inspectorate. Please visit http://www.planningportal.gov.uk/ for more information.