Applying for planning permission is a crucial step in property development across the UK. In simple terms, development includes any building, engineering, mining, or significant changes in how a building or land is used.
Since conveyancers are not usually involved in the early planning stages, some key legal aspects can be overlooked. Failing to consider these legal factors can lead to unexpected costs, disputes, or, in extreme cases, the demolition of completed buildings.
Does the Planning Permission align with Legal Boundaries?
One of the most important things to check is whether the proposed development sits within the property’s legal boundaries. If the plans encroach on neighbouring land and there are no existing rights over that land, it’s up to the developer to secure the necessary permissions. Likewise, if planning permission comes with specific conditions that impact neighbouring land, the developer must ensure compliance.
At the start of a project, developers often rely on a visual inspection of the property. However, features like fences, hedges, and ditches can be misleading and may not reflect the actual legal boundaries. Fire escape routes are another common oversight—if an emergency exit crosses into neighbouring land, an easement will be needed to meet safety regulations.
To avoid boundary issues, developers should commission a detailed land survey early on. This helps identify discrepancies between title plans and development proposals, reducing the risk of costly adjustments later.
Does the Planning Permission affect existing rights?
Developers also need to be aware of any established easements, rights of way, or footpaths that could impact the project. This includes underground utilities that serve neighbouring properties. If a development interferes with these rights, it may not be viable.
Before applying for planning permission, developers should consult both local authorities and a conveyancer to confirm whether any third-party rights exist. In addition to reviewing title documents, a physical inspection of the site is recommended to spot unregistered rights—signs of these might include gates providing access or long-standing parking spaces.
The risk of ransom payments
If a development extends onto third-party land, the landowner could demand a hefty ransom payment in exchange for granting access rights. Because of their strong bargaining position, they might ask for significantly more than the actual market value of the land. Without a legal right to access the land, developers may be forced to pay up or rethink their plans entirely.
To avoid this situation, developers should ensure their project has direct access to a public highway or established right of way before submitting a planning application.
Final thoughts
A thorough title investigation should be carried out as early as possible so any legal issues can be addressed before they cause major setbacks. While some issues can be resolved with indemnity insurance, others may be serious enough to halt development altogether. By taking the right precautions upfront, developers can save time, money, and a lot of unnecessary stress.
If you would like to discuss this further, please contact Zoe Limon at zoe.limon@swinburnemaddison.co.uk or call 0191 384 2441 and speak to a member of our commercial property team.
