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Applying for planning permission before settlement

Discussion in 'Development' started by s_andy, 7th Jan, 2016.

  1. s_andy

    s_andy Active Member

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    Has anyone used a clause that allows the buyer to apply for planning permission to council before settlement? If so, could you please share the version of the clause you used or have found helpful. Cheers
     
  2. OC1

    OC1 Well-Known Member

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    If you're in Victoria you do not need permission. I've obtained planning permits before settlement on many occasions.
     
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  3. D.T.

    D.T. Adelaide Property Manager Business Member

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    I did this in SA, no permission needed.
    It was almost ready to go thru by settlement which reduced the holding costs a fair bit.
     
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  4. s_andy

    s_andy Active Member

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    Really, no permission needed in SA? What if the vendors are still living there and you need to negotiate access for surveyors etc?
     
  5. OC1

    OC1 Well-Known Member

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    Slip that clause in your contract. And any other professional you need.
     
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  6. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    You can do it in WA too - some councils are happy to sight an accepted Offer and Acceptance - others want a letter from the sellers.

    If you need access to the site for surveying etc that is another question. Generally a clause in the offer will suffice.
     
  7. Leo2413

    Leo2413 Well-Known Member Premium Member

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    Did same thing in NSW. All they asked was for contract of sale.
     
  8. Rooky

    Rooky Well-Known Member

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    For our development in Brisbane, we did put in specific clause in contract that owner will give consent for any planning application before settlement. Not sure if that is required or not in Qld though.
     
  9. RPI

    RPI Property Lawyer, Town Planner Business Member

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    You need to have written permission from the land owner when making an application in QLD. Putting the requirement in the contract just means the seller has to do it, or if worded correctly then the clause in the contract is sufficient. (Under the Sustainable Planning Act 2009 you do not need to submit written permission, only state that you have written permission)

    Sample condition written from the Buyer's perspective but with a safeguard for the Seller.

    Development Application
    1. The Seller authorises the Buyer to lodge any development, operational works, building or other such application required to allow the Buyer to develop the Land.
    2. The Seller shall sign any document necessary to lodge, progress or allow an application identified in Special Condition 1.
    3. The Seller shall, with 24 hours notice, allow the Buyer, their agents or contractors to enter the Land to conduct any survey, inspection, test or other activity related to an application identified in Special Condition 1.
    4. The Buyer indemnifies the Seller against any cost, loss or damage incurred as result of Special Conditions 1-3.
     
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