Planning Fraudulent misrepresentation

[DD Sleuth]

Due to some serious developer snag issues, I decided to trawl through the past planning applications of our development. I have discovered that there is a min. criteria of 0.25 acres per dwelling set by local plan policy. In order to meet this, a boundary to the plot has been drawn 25' wider than it actually is. The developer never owned this land and therefore could never have met the minimum criteria. Is this fraudulent misrepresentation?
The enforcement officer advised that planning can be obtained on any land owned or not!!

[des8]

Re: Planning Fraudulent misrepresentation

Hi and welcome
The enforcement officer is correct in that you can obtain planning permission on land you don't own.
Planning regulations only require that the land owner be informed.

Whilst developer never actually owned the land he may have had the intention of purchasing it, but for whatever reason that intention was never fulfilled.
I thinkyou would have problems showing fraud by deliberate misrepresentation.
What did the enforcement officer say about failure to comply with planning?
How long ago was this "offence"?
What effect does it have on you/ value of your property?

[DD Sleuth]

Re: Planning Fraudulent misrepresentation

Land would never have been sold as I know the owner.
Notice was never served.
Planning was obtained in 2010 but building commenced in 2013.
If there is a min. criteria of 0.25acres and that hasn't been fulfilled during build, seems pointless having the minimum criteria/policy.
It would be fraudulent if the developer knew this land was never available.

[des8]

Re: Planning Fraudulent misrepresentation

There might have been irregularities in the planning application but I doubt there is much you can do about it.
That would be the responsibility of the planning authority.

What effect does/did this irregularity have on you?
EG if you had been aware of it, would it have affected your purchase decision?
Did you buy from the developer?
How long ago was this build?