Charles122 Posted August 7, 2023 Share Posted August 7, 2023 The housing developer has forgot that each home private driveway should be block paved and not Tarmac. They have said they will look into sorting it, but I have seen they have put in a planning application under "non-material" change to keep the Tarmac for everyone's drive rather than the original plans to put down block paving. The drive way for the houses make up part of the property for each house so by selling the property as having block paving then not doing it is misleading. I have put in a breach of planning control and will speak to the planning office today, but what would be the best direction to take this? Would this be a material change rather than a non-material change? Thank you. Link to comment Share on other sites More sharing options...
bassanclan Posted August 7, 2023 Share Posted August 7, 2023 Planning permission is not really the problem. You just need to enforce the contract that you have with the developer or negotiate a discount. Personally I would prefer tarmac! Link to comment Share on other sites More sharing options...
markc Posted August 7, 2023 Share Posted August 7, 2023 Does the contract say block paved or just paved? If it says paved then tarmac or concrete is within the definition 1 Link to comment Share on other sites More sharing options...
Charles122 Posted August 7, 2023 Author Share Posted August 7, 2023 Thank you for your replies. When we purchased the property we were shown the plans and the plans had block paved private driveways. These are the plans we signed. In the contract is doesn't mention drive ways at all. Link to comment Share on other sites More sharing options...
Temp Posted August 7, 2023 Share Posted August 7, 2023 Sometimes the small print says "details may vary" or "errors and omissions" etc Link to comment Share on other sites More sharing options...
Temp Posted August 7, 2023 Share Posted August 7, 2023 (edited) It may not apply to you but once you own the house I'm not sure they can ammend your planning permission without your approval. I know you can apply for PP on land you don't own but normally the planners require the owner to agree. Edited August 7, 2023 by Temp Link to comment Share on other sites More sharing options...
nod Posted August 7, 2023 Share Posted August 7, 2023 As above Forget the planning permission route Planners won’t be interested Go back to your original conveyancing solicitor Link to comment Share on other sites More sharing options...
markc Posted August 7, 2023 Share Posted August 7, 2023 1 hour ago, Charles122 said: Thank you for your replies. When we purchased the property we were shown the plans and the plans had block paved private driveways. These are the plans we signed. In the contract is doesn't mention drive ways at all. “Plans” or an artists impression? If they are plans and it says block paving then demand it, be aware that quick/poorly laid block paving will look terrible very quickly. Link to comment Share on other sites More sharing options...
Charles122 Posted August 7, 2023 Author Share Posted August 7, 2023 9 minutes ago, markc said: “Plans” or an artists impression? If they are plans and it says block paving then demand it, be aware that quick/poorly laid block paving will look terrible very quickly. I have the engineering drawings that were submitted to the council when the plans were approved. I also have seen the plans in the sales office that show the block paving. I have also spoken to the Site Manager and Construction Manager and they said "We didn't know it should be block paving". I am speaking to the sales team today, emailed the Senior Planning Officer that has taken on the amendment and obviously had myself and everyone who is effected put in a breach of planning control. 1 Link to comment Share on other sites More sharing options...
Temp Posted August 7, 2023 Share Posted August 7, 2023 Is the tarmac the water permeable type? Is there a rainwater run off issue or did they add drainage? Link to comment Share on other sites More sharing options...
Charles122 Posted August 7, 2023 Author Share Posted August 7, 2023 They have drainage. Not sure on the type of Tarmac put down. Link to comment Share on other sites More sharing options...
nod Posted August 7, 2023 Share Posted August 7, 2023 Planners really won’t have any interest in what the builder promised Link to comment Share on other sites More sharing options...
Charles122 Posted August 7, 2023 Author Share Posted August 7, 2023 2 hours ago, nod said: Planners really won’t have any interest in what the builder promised The builder didn't promise anything, they wrote it in a contract that we signed and that the council signed off. Link to comment Share on other sites More sharing options...
nod Posted August 7, 2023 Share Posted August 7, 2023 20 minutes ago, Charles122 said: The builder didn't promise anything, they wrote it in a contract that we signed and that the council signed off. So it’s nothing to do with the builder It’s the Counsul that promised you paver not Tarmac 1 Link to comment Share on other sites More sharing options...
Charles122 Posted August 7, 2023 Author Share Posted August 7, 2023 13 minutes ago, nod said: So it’s nothing to do with the builder It’s the Counsul that promised you paver not Tarmac If the builder made plans to build you a house and then built you a boat, would you blame the council or the builder. Link to comment Share on other sites More sharing options...
crispy_wafer Posted August 7, 2023 Share Posted August 7, 2023 (edited) If you think they are in breach of a contract over what was promised, vs what was supplied, then best speaking with a solicitor, especially if they are now altering the planning to suit what they supplied. Edited August 7, 2023 by crispy_wafer Link to comment Share on other sites More sharing options...
Jilly Posted August 7, 2023 Share Posted August 7, 2023 Does it look nice as it is? It sounds like the builder intentionally or accidentally breached a planning condition and used tarmac and is now trying to regularise it with a retrospective application. If he gets it through, then he’s done the right thing by the planning permission. If not, he could appeal. if he’s not taken care of the SuDS there might be a kerfuffle. if you want the block paving you were promised/paid for, you could object to the application on the grounds of planning matters, not ‘because it’s not what we were promised’ as that wouldn’t be a valid planning reason. Have you completed/moved in? Exchanged? If you’ve moved in already it could be messy literally and legally. Link to comment Share on other sites More sharing options...
Dave Jones Posted August 7, 2023 Share Posted August 7, 2023 as long as the run off from the tarmac goes to a soakaway then they are fine. Link to comment Share on other sites More sharing options...
Dave Jones Posted August 7, 2023 Share Posted August 7, 2023 8 hours ago, Charles122 said: The housing developer has forgot that each home private driveway should be block paved and not Tarmac. They have said they will look into sorting it, but I have seen they have put in a planning application under "non-material" change to keep the Tarmac for everyone's drive rather than the original plans to put down block paving. The drive way for the houses make up part of the property for each house so by selling the property as having block paving then not doing it is misleading. I have put in a breach of planning control and will speak to the planning office today, but what would be the best direction to take this? Would this be a material change rather than a non-material change? Thank you. you may find they enforce against you as the owner. May not be best idea to make a big stink. Link to comment Share on other sites More sharing options...
nod Posted August 7, 2023 Share Posted August 7, 2023 3 hours ago, Charles122 said: If the builder made plans to build you a house and then built you a boat, would you blame the council or the builder. I would blame the builder I wouldn’t expect the Counsul Or planners to be that interested Unless it sank 😁 Link to comment Share on other sites More sharing options...
dpmiller Posted August 7, 2023 Share Posted August 7, 2023 I wouldn't be surprised if tarmac was actually the dearer option, these days... Link to comment Share on other sites More sharing options...
nod Posted August 7, 2023 Share Posted August 7, 2023 22 minutes ago, dpmiller said: I wouldn't be surprised if tarmac was actually the dearer option, these days... Plus 1 Link to comment Share on other sites More sharing options...
Eric Posted August 7, 2023 Share Posted August 7, 2023 Plus 1, more expensive & would be my choice as well. Link to comment Share on other sites More sharing options...
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