Nathan Knows: Don’t Get Surprised by a Wind Turbine! Why Planning Searches Matter

Welcome to Nathan Knows, a new quarterly blog post series where we hear from one of our trusted Customer Service Advisors –Nathan! He has been part of the team here for nearly four years and has an in-depth knowledge of the conveyancing process. His regular contact with customers means that he really understands the needs of conveyancers and is able to help guide them through complex transactions.

This quarter, Nathan’s been diving into one of the most overlooked but important aspects of property searches: planning. Whether it’s a proposed green energy site, a new bypass, or your client’s future neighbour building a two-storey extension, planning issues can have a big impact on a transaction.

Just imagine your client moving into their dream home… only to wake up to the sound of diggers and scaffolding going up next door. Not quite the peaceful countryside retreat they had in mind!

So, how can conveyancers help their clients avoid these surprises? It all starts with understanding the difference between the types of searches available…

‍

What is a planning search, and how does it differ from a local authority search?

A planning search typically refers to a report that focuses on planning applications and land use activity in the area surrounding a property. It looks at current and historical planning applications, nearby developments, land use designations, and potential future changes that could impact the property.

In contrast, a local authority search is broader and includes statutory information held by the local council specific to the subject property, such as:

• Planning consents granted/refused for the property
• Building regulations approval
• Enforcement actions
• Conservation area status
• Tree preservation orders
• Public rights of way
• Highway adoption status

Key difference:

• Local authority search: Focused on the property itself and is required by mortgage lenders.
• Planning search: Optional but gives a wider view of the area, helping to understand nearby developments that may impact the property value or amenity.‍

‍

What kind of planning information can buyers expect to uncover during these searches?

Buyers can expect to find information such as:

• Planning applications (approved, refused, or pending) for surrounding properties
• Proposed or approved developments (e.g. new housing estates, commercial developments)
• Zoning or land use designations (residential, commercial, industrial)
• Local plan policies and development frameworks
• Major infrastructure projects nearby (roads, railways, schools)
• Changes in land use or planning permissions nearby

This helps buyers understand future risks or benefits, you might wake up one morning and look out to the cow fields, only to find a wind turbine staring back that wasn’t there before!

‍

Why would you consider a separate planning report and what are the implications of not doing so?

A separate planning report provides a much deeper insight into future area developments beyond what a standard local authority search covers.

Reasons to consider one:

• Anticipate large-scale developments nearby
• Understand how the area may change post-purchase
• Protect future resale value and quality of life
• Make informed decisions about property investment

Implications of not obtaining one:

• Buyer may be unaware of nearby major developments (e.g. large housing schemes, wind farms)
• Could lead to disputes or dissatisfaction post-purchase
• Potential loss in property value or reduced marketability
• Undermines the solicitor’s duty to ensure full disclosure of material planning risks

‍

How do you check whether a property has the correct planning permissions for existing structures or extensions?

To verify this, a conveyancer should:

• Review the local authority search results for planning approvals and building regulation certificates
• Examine the seller’s property information form (TA6) – which requires the seller to disclose alterations and permissions
• Check the title deeds for restrictive covenants or obligations
• Obtain copies of relevant planning permission documents from the local council’s planning portal
• Cross-check the physical inspection or surveyor’s report with known permissions

If permissions are missing or unclear, indemnity insurance or retrospective applications may be needed.

‍

What are the risks of buying a property with unapproved or undocumented planning work?

To ensure that there are no nasty surprises, we recommend due diligence in all areas, otherwise risks include:

• Enforcement action by the local authority (including demolition or restoration)
• Difficulty in selling the property in the future
• Problems securing mortgage finance or insurance
• Increased costs for retrospective approvals or regularisation
• Potential neighbour disputes or complaints (that’s MY garden)

‍

What are some common planning-related red flags that can delay or derail a transaction?

Everyone wants to build their dream homes, but there are some things to be careful of before you buy!

Common red flags include:

• Lack of planning permission or building regulation certificates
• Ongoing or historic enforcement notices (you can’t remove this wall/hedge)
• Property located in conservation areas or subject to Article 4 Directions (you CANNOT remove this hedge)
• Planned infrastructure works nearby
• Disputes over boundary changes due to development (that’s MY garden)
• Property or extensions built without planning permission

‍

What do you think the implications of the government’s commitment to building 1.5 million homes could be on the conveyancing industry?

Lots of new houses means a lot more work for everyone involved, folks need a roof over their heads.

This level of housing development will have several significant impacts:

• Increased transaction volumes, leading to higher workloads for conveyancers
• More planning-related enquiries, especially in new build
• Pressure on local authorities may result in delays in search turnaround times
• Greater focus on infrastructure and environmental due diligence
• Rise in planning appeals and challenges, increasing the need for specialist knowledge

‍

What should buyers or developers look for in a planning search when considering Green Belt land?

First of all, Green belt land is defined as a countryside area that is protected from urban developments for the sake of preserving the area’s natural beauty. Keeping your local fields from becoming the new local supermarket instead.

When dealing with Green Belt land, key things to look for include:

• Designation status: Confirm it is officially Green Belt land under the local plan
• Planning restrictions: Green Belt land has strong presumption against development
• Previous applications: Have any applications been made for development or change of use? Were they refused or appealed?
• Special policies: Are there exceptions under NPPF (National Planning Policy Framework) for certain developments?
• Adjacent land use: Check if surrounding areas have had successful planning changes (e.g. brownfield redevelopment)
• Potential reclassification: Some Green Belt areas may be reviewed in local plan updates

Planning is usually only granted for these areas under special circumstances.

Whether it’s a looming wind farm or a neighbour’s ambitious extension, planning searches help buyers see the full picture. Skipping them could mean missed risks, lost value, or future disputes, and no one wants that.

As Nathan says, “It’s better to know what’s coming than to be caught off guard.” Planning searches give you the foresight to guide your clients confidently, and that’s what good conveyancing is all about.

Want help choosing the right planning report for your next transaction? Our team is here to support you, get in touch today. And don’t forget to check back next quarter for more insights from Nathan Knows!