Buying Land with a History of Planning Refusals

Planning policy

Refusals of consent are generally based on planning policy. In particular, new build projects can be turned down because of fundamental conflicts, such as a plot being situated outside a development boundary or a conversion not fitting specific guidelines.

These strategies tend to change over time when Local Plans are reviewed, and in response to changing government policy guidance. If permission was refused based on guidelines that are a few years old, the proposal might now be acceptable. Always check which Local Plans were in force at the time of any refusal, as they may well have since been revised or replaced.

Be aware, too, that if a council doesn’t have a five-year housing land supply, then its policies relating to providing opportunities are considered out of date and don’t carry full weight in decision making. This includes development boundaries around settlements, enabling peripheral plots to become viable.

These issues can get quite technical, so it might be prudent for you to take professional advice if it appears central to the fortunes of your project.

Design & planning refusal

Where consent has been refused due to design concerns, the prospects for overcoming that refusal can improve with the passage of time. This could be due to policy alterations, but also staff changes – one planning officer’s subjective opinion can differ from another’s.

This can apply particularly to issues around listed buildings and those in conservation areas, where different officers can have very different but equally strongly held opinions about plans.

Where design has been central to a refusal of permission, again, look closely at the officer’s report to find out specifically what caused the refusal.

Some applicants have very specific requirements and are not willing to negotiate to achieve a mutually acceptable solution. Plans might have been turned down where just a few stylistic tweaks could have rendered it acceptable.

In addition to design, there is a host of practical issues that can thwart getting approval, from a dangerous access through to flood risk, protected trees or species on the site, archaeological remains, inadequate drainage, the list goes on.

Occasionally, for example where flood mitigation measures are introduced, these problems can alleviate further down the line. That’s also the case with highway safety issues, where updated guidance in the National Planning Policy Framework create a less demanding safety regime than was the case a decade or so ago

In many cases you will need to look for a way around the problem that was not considered before.

Local politics can also play a major role in planning decisions, too. This is especially evident where applications are recommended for approval by planning officers but refused by councillors sitting on the planning committee.

Where somebody else has failed to get permission, and perhaps made themselves unpopular in the process, you might be able to bring a more cooperative approach, that brings neighbours on side and with them, local councillors. Also, explaining your motivations and objectives to councillors can be helpful, and may provoke a more flexible approach towards development on your plot.

Purchase decisions

A chequered history isn’t a problem if, at the end of that saga, planning permission has been granted for something that’s at least close to what you’d like to build. But if the permission isn’t what you’d consider optimal for the site, you’ll have to think seriously about whether this is adequately reflected in the asking price.

It’s essential that you’re realistic about the prospects of getting what you want. Where there’s real doubt, rather than gambling on the outcome, it’s a sensible move to reduce your risk by making an offer that’s subject to you getting the permission you want.

Such contracts need to be carefully drawn up, to ensure they allow for potential time delays, awkward conditions attached to the consent or even an appeal if permission is refused. Make sure your solicitor is familiar with this type of contract, as not all are, and it takes experience to get it right.

If the plot has had severe planning problems in the past, and it looks as though it might take some time to resolve all the issues, an option can be a useful way forward. For a nominal sum, you buy the sole right to purchase the plot for a given period. The option contract specifies what you’ll pay, either as a specific amount or as a percentage of open market value when you exercise your option to buy.

You undertake, within the agreement, to use your best endeavours to gain planning permission. If you ultimately fail to get consent, then you don’t have to exercise your right to buy and can walk away having only incurred the initial legal fees and planning costs – much cheaper than purchasing a plot that can’t be developed.