Planning conditions

nobbysutton

Hi,
I received my planning permission a few months ago. I am building a dormer bungalow which is attached to the side of my father's house. At the pre planning meeting we were recommended to put an adjoining door between the two houses. That this would be a good thing, giving me access to an aging parent. When the planning permission came through there were a couple of conditions attached. We didn't recognise the significance of one of the conditions at the time (nor did the architect see an issue there). The one that's causing me problems is "The self contained dwelling unit shall not be sold, let or otherwise disposed of, transferred or conveyed separately from the main dwelling unit save as part of a single dwelling unit".
I have now been refused a mortgage as the bank would not be able to take legal charge over the new build if I default on the mortgage. My fathers right to keep his house would supercede the bank. I can see their point obviously, but that now leaves me with planning permission on a site that I can't get a mortgage for. The window for appeal is now closed - where do I go from here?

Prenderb

What has your architect given you in terms of options and opinion on this?

It might be time to seek alternative professional advice but you may need to consider some or all of a couple of approaches:

- Get a transfer of ownership of the plot you want to build on from your father into your name.

- Reapply for planning on a separate-site basis, keeping the buildings separate from each other.

- Do nothing - this will be disappointing but it's a valid option to consider and discard if applicable.

I suggest there are a lot of things pulling at this scenario (such as the planning authority, family situation, planning law) and you might just have to sit down with your architect or another adviser (if your current architect isn't helpful) to help you figure this out in light of all of the issues. Planning consultants exist and might be worth approaching? - don't rely on Prenderb's board posts, that's for sure!

AnRothar

I am building a dormer bungalow which is attached to the side of my father's house.

You are building a glorified extension to pardon the pun.
Banks will be reluctant to give you a mortgage to extend someone else's house. How will they enforce the charge?


You really want to build a semi-detached house?
Then you will need to get proper legal advice regarding splitting the site.
The lack of clear title to the ground you are building on may also be an impediment.



Resubmit new plans for a "semi detached house"

an adjoining door between the two houses

Effectively means the "extension" is now a "granny flat"

Gumbo

nobbysutton wrote: »

Hi,
I received my planning permission a few months ago. I am building a dormer bungalow which is attached to the side of my father's house. At the pre planning meeting we were recommended to put an adjoining door between the two houses. That this would be a good thing, giving me access to an aging parent. When the planning permission came through there were a couple of conditions attached. We didn't recognise the significance of one of the conditions at the time (nor did the architect see an issue there). The one that's causing me problems is "The self contained dwelling unit shall not be sold, let or otherwise disposed of, transferred or conveyed separately from the main dwelling unit save as part of a single dwelling unit".
I have now been refused a mortgage as the bank would not be able to take legal charge over the new build if I default on the mortgage. My fathers right to keep his house would supercede the bank. I can see their point obviously, but that now leaves me with planning permission on a site that I can't get a mortgage for. The window for appeal is now closed - where do I go from here?

You got permission for a granny flat (ancillary family accomodation). Not a new dwelling.

nobbysutton

Only advice so far is for my father to sign his house over to me now - but this is something he is not happy to do. He'll have no house if I was to default on the mortgage.

Gumbo

nobbysutton wrote: »

Only advice so far is for my father to sign his house over to me now - but this is something he is not happy to do. He'll have no house if I was to default on the mortgage.

Yes. It will be classed as a gift also and may cause trouble with siblings too.