Planning history investigated during Conveyancing in Birmingham

An important part of Conveyancing in Birmingham for Solicitors acting for buyers is to check the planning history of a property. This is usually available as part of the local authority’s replies to the standard form enquiries and searches.

Conveyancer Katie Clark was acting for Mr D on the purchase of a leasehold apartment in Brindley Point, Sheepcote Street, Birmingham, B16. She had requested the usual information from Birmingham City Council, Council House, Victoria Square, Birmingham B1 1BB.

The details they supplied included the following entries detailing previous planning consents which had been granted:

  1. C/01485/90/OUT National indoor arena, festival marketplace, heritage entertainment complex, offices, restaurants, shops, aquarium, hotel, etc. (Broad Street, Sheepcote Street, St Vincent Street) - Approved with conditions 11/09/1989
  2. C/03606/92/OUT Demolition of existing building and erection of hotel - Conditional approval 12/11/1992
  3. C/02944/99/FUL Residential development to provide 58 apartments with 38 basement car parking spaces - 23/09/1999
  4. C/00280/99/FUL Residential development to provide 59 apartments (1, 2 & 3-bed) - Approved 17/06/1999
  5. C/03927/95/FUL Variation of time limit condition of renewal of planning permission C/03606/92/OUT for demolition of existing building and erection of hotel (Sheepcote Street/St. Vincent Street) - Withdrawn 11/10/2000

It was clear that the first entry was not directly relevant to the property, but either the third or fourth reference could be applicable. As conditions contained in a planning permission may continue to apply to subsequent owners, it is necessary for Property Lawyers to obtain copies of them so that they can advise purchasers. Katie asked the seller’s Conveyancing Solicitor, City Law Ltd. , of Copperhouse Court, Caldecotte, MK7 8NL to provide copies of the two consents.

Many local authorities have now computerized their records so that information can be obtained by an online search, however, it is often necessary to write in for a full copy and an additional fee usually has to be paid. Once Katie received full details of the conditions she was able to confirm that the works were not a concern for her client.

Councils do not usually record information about flats individually, so a search against one particular unit in a building will often reveal many entries. These may refer not only to the whole building, but also to applications for units other than the one being acquired. It will usually be clear that these do not apply to the premises being acquired, but when it is unclear copies may have to be requested.

For more information about Conveyancing in Birmingham, or to instruct a Solicitor to assist with the legalities of your home move, contact Fridaysmove on 0330 660 0286.

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