Planning Application Fraud

[Lhg]

Hi,

Really hope someone can advise me. My late neighbours' children are trying to sell the house to what appears to be property developers. Although the house has not been sold yet, the potential buyer of the house have stated that they own the property on Certificate of Ownership - Certificate B (Householder Application for Planning Permission for works and extension, Town and Planning Act 1990), which states that whoever signs the form is the owner of the property at the time of application, or 21 days prior before the date of the application. I know this not to be the case. I did inform the Council's Development OFfice who wrote to me stating "You are advised that it can be an offence to complete an Ownership Certificate incorrectly." However, when I rang them to follow up the email, the Development Officer said they didn't care, as long as they were the owners when the application was approved. Nevertheless, if they have already lied on the forms, it doesn't bode well that they will follow the plans and regulations. I have also heard that the buyers are paying cash and want to buy "in a hurry", so all kinds of concerns about that too (money laundering...? these are, after all, strange times). Although not stated on the forms it looks from the plans that they want to convert the house into six separate flats in a very quiet residential area. So all of this is extremely worrying. Please, please can someone advise who I would, at least, report the initial offence to and if I have concerns about a cash purchase "in a hurry" maybe that too. Many thanks, would be very grateful for any advice.

[Amethyst]

Re: Planning Application Fraud

You will have opportunity to contest the planning application with the council. I would possibly concentrate on that and getting your parish council on side.

It is quite normal for a purchaser of a property to start the process of obtaining planning permission, and it is also quite normal for developers to pay in cash and to want to move quickly.

You could make a formal complaint but it's likely by the time it's considered the property will be in the ownership of the developer and it'll be a moot point, he may get a slap on the wrist, but unlikely as your planning officer has already indicated it isn't an issue.

[Lhg]

Re: Planning Application Fraud

Thanks for your reply. Unfortunately we have a terrible council who are very hard to get on your side, unless you live in the more expensive roads. Yes, will be putting in objections, but I really would like some digging to go on, to ward of these people before a purchase or it's too far down the line. I agree that cash isn't unusual, but I have reason to suspect that these buyers are not "straightforward", so even if it's a waste of time, would I make a formal complaint to the Council? And if so - wouldn't that annoy the planning development person - who wouldn't then necessarily think kindly of the objection. Is there any other body who I could report this as fraud?

[Lhg]

Re: Planning Application Fraud

Just to say I did speak to a surveyor about lying on the form and he said that the council should then consider the application void, so from my perspective it is worth trying at least.

[Amethyst]

Re: Planning Application Fraud

Fraud is quite a serious allegation and nothing you have said makes it sound that way at the moment, just in & out developers. I do get your concerns re your neighbours house in a residential street being turned into flats and do have sympathy with you on that.

I was thinking that making a formal complaint at this stage may hinder your opposition to the planning application, which is inevitably going to go ahead regardless of whether you complain, as it is a matter of timing.

If the application is considered void then I would think they would just be able to resubmit soon as the papers are signed on the sale....well 21 days after anyway. Actually how do you know what stage the sale is at?

If you have access to the planning application (is it on the public access portal?) you'll have details of the applicant so could make your own enquiries off radar ?

[Tools]

Re: Planning Application Fraud

Without evidence to suggest the purchase is being carried out with the proceeds of fraud that would be a very serious accusation. As Amethyst has suggested, many developers have funds to hand to complete a purchase quickly.

Should the sellers try to deposit such large amounts of cash into their bank, or even pass it through a solicitor there are systems in place to submit Suspicious Activity Reports, something a bank or solicitor are legally obliged to do. All organisations, including the Council, must report any money laundering suspicions for cash transactions over £9,000.

[wales01man]

Re: Planning Application Fraud

Whats the real problem here? the developers paying cash means nothing it may just mean they have no mortgage for the property accusing someone of fraud is a bit much unless there is some proof.

If the application is halted they will just start it again by all means object to any planning they apply for that's your right does not mean it will be rejected

[des8]

Re: Planning Application Fraud

Even if the developers don't own the land, they can apply for planning permission a long as the current owners are made aware of the application.
I really can't see the point of objecting on the grounds put forward.
OP would be better channelling energies into examining proposed plans, planning restrictions in the area, researching if there are access problems etc etc and then making reasoned adverse comments on the plans, as well as canvassing support from other residents and local councillors, and lobbying councillors on planning committee.

And as for developers not following plans and regulations a some time in the future, that is down to enforcement by the building inspector.

[Lhg]

Re: Planning Application Fraud

Thanks all for your input. I suppose my thoughts were that if the planning application was void, they may not want to go through with the purchase (particularly if they're in a hurry to buy) which was meant to go through before the planning application was accepted/objected. So as Des8 suggests will spend time gathering evidence for objection. Unfortunately, as I say, the council has so far allowed all levels of ludicrous extensions (i.e. a bedsit in a back garden!) and it's pushing out people and families who would have lived in the area permanently.