Accidental planning permission!!

[Niknakp]

Hi all, I'm new to this site, just stumbled across it when searching the web for facts.

So we currently have a loft conversion under way, dorma built.
Prior to it starting we were obviously in touch with the Councils planning dept. The planning officer assigned to our case did the necessary checks for restricted covernance etc and advised us that there was nothing as "it was out of date". I admit the whole process confuses me, my husband has a much better understanding but he's out!!
We are having a ground floor extension too so the planning officer advised us that although it wasn't needed for the loft, for the sake of the drawings we could submit the loft and extension as one application but advised us that it was fine to proceed with the loft as permission wasn't needed.
Work began and then she sent us an email apologising but she'd wrongly advised us and that we couldn't have the dorma!! It's up, it's built and we've paid 16k!!!
Our neighbour has had permission granted for an identical conversion. However after a week of conversation back and forth with the council they have today advised us that our neighbours was granted by mistake!!
We have sought advice from a solicitor purley because we were told we were ok to proceed and now told otherwise.
Does anyone have any similar experience and because our neighbours application was granted does it set a precedent? Would they revoke it??

Another house on our development has a dormer, again identical to what ours would be but they didn't get permission I think theirs is lawful development. How can that be allowed and ours not? Would they be made to remove it ??

Sorry for rambling but I'm so baffled and FURIOUS!!! Thanks for any advice x

 

[freddiemercurystwin]

Dormer on the front?

 

[Nakajo]

Do you have anything in writing from the planning officer?

 

[Niknakp]

Only her apology for wrongly advising us so as good as I guess.

I know it was a risk on our part to start works without written approval but she was so certain

 

[chappers]

Need some more information, type of house is the dormer fronting the highway, dimensions, listed building, conservation are.
were there any reasons given why it didn't fall under PD, reasons why it would be refused under a planning application.
As to your neighbour having to remove theirs, depends on how long it's been up etc.

Nakajo as far as I'm aware the only things in writing that would be sufficient would be an LDC or approved planning application assuming that for whatever reasons it is outside of PD

 

[^woody^]

The dormer issue is a relatively straightforward argument based on the council's planning policy.

There are no precedents in planning, so you can't rely on the neighbour's dormer making yours acceptable, but you can use it as a persuasive argument.

As to the advice, you can't be rely on a planners opinion. The permission notice is all that matters and the planner's pre-application opinion advice does not affect that.

But what you could possibly do, is use that as a basis for a formal complaint against the council via their complaints procedure and then to the Local Government Ombudsman. Not a complaint about the decision or planning policy as that won't succeed, but one against the planner and her conduct.

This will not get you a dormer, but could get you your costs of altering it and other expenses.

 

[Notch7]

Its a tricky one. Unfortunately permission on a neighbours property doesnt set a precedent.

You will struggle to get far with the council, they are known to close ranks in my experience.

Im guessing its on the front?

Are they likely to persue an enforcement notice? From a pragmatic point of view, if its unlikely nothing will be done, then I think I would just keep the dormer. Youve paid for it so you might as well use it.

If the dormer looks nice and matches the neighbours nobody will care apart from the council. They dont have the staff to deal much with relatively minor infringements.

When you sell it will get picked up as I guess the refusal notice will be on the portal. But if youve intention of moving thats not much of a problem short term.

Just my opinion, not suggesting its what you should do!