Hi Ladies and Gents,
Just really really wanted some advice. So after many many years of saving up, we finally were able to build a loft! We built it looking pretty identical to my neighbors loft to make sure everything was in order. We even paid the council a fee and had the application drawn up by an architect to get a certificate of lawfulness for permitted development.
So we built the loft, all was well. The neighbour who had already built their loft did not build on the party wall both houses share. they built within their own side of the party wall and tiled their wall facing our house. If we were to do the same, it would leave a gap between both houses and it would be impossible for us to tile our side of the wall as the gap would be around 50cm between both walls. Therefore we spoke to our neighbour and agreed that we will build up on our half of the party wall and we did work to construct both roofs together at the top. So our loft was built completely on our side and we joined the roof at the top of both houses to prevent water leaking in the gap. My neighbour was really happy with this as it secures his side of the house well.
After completing the work, we received a letter from the council nearly 5 months after we started the work on site. (the job was completed within 2 months). I understand the complaint the council received was about 4 months before the council made us aware of the complaint. Why did they not inform us earlier while the work was going on? The council claim they made a site visit and viewed from behind my house using the side road without telling us and thought because the work was still in progress, they wont take action just yet. So they waited for us to complete all the work and made another trip 4 months later and then decided to take action?!
The council have stated:
''Whilst the case was opened on 10 October 2013 it was noted by Council Officers at that time that such work was only just beginning. A review of Council’s records confirmed a Certificate of Lawfulness (CLP) for a proposed loft conversion had been granted and therefore officers held off from undertaking any further investigation at that stage given that our initial observations indicated that was the development to be carried out. A more recent site visit confirmed that the completed development does not accord with the approved CLP plans, nor does it meet permitted development under Schedule 2, Part 1, Class B of the Town and Country Planning (General Permitted Development) Order 1995 (as amended).
As stated in my letters dated 20 February and 8 March, planning permission is required for the extension in its current form, however, it is the opinion of officers that an application if submitted would not be supported by the Council. Instead you are requested to modify the development so that it is in accordance with the approved CLP.
To clarify, the dormer shall be set back at least 200mm from the eaves, please refer to the guidance leaflet attached. Furthermore, the dormer shall be set back from the gable end and fire wall adjoining the neighbouring property rather than being an extension of these walls.
The Council requests that such alterations are undertaken within 60 days of the date of this email. Failure to undertake the required alterations within this timeframe will result in the service of an enforcement notice (under Section 172 of the Town and Country Planning Act 1990 [as amended]), requiring the unauthorised development to be removed.''
I am at complete loss as what to do. For us to break down the dormer and rebuild will cost us 20k or so, money we simply do not have. Whats worse is that my neighbours are more than happy with it, I believe the complaint may have come from the neighbours across the road. Is there anything we can do to prevent me having to break it down with 60 days? I feel the council did not act appropriately in informing us after we had completed all the work when they could have informed us far earlier when they made the initial visit when work was being carried out. Surely they have a responsibility to inform us of the complaint earlier? Can my Neighbour not inform the council they are happy with the way it has been built? I also do not understand how we are even supposed to tile the wall if they want us to keep a small gap. It makes no sense to me and really need some support. I would struggle to afford legal help to fight the council on this matter so really need some advice?
Sorry if i have rambled on and if I do not sound very clear, I am just really stressed at the moment!
Kindest regards
Just really really wanted some advice. So after many many years of saving up, we finally were able to build a loft! We built it looking pretty identical to my neighbors loft to make sure everything was in order. We even paid the council a fee and had the application drawn up by an architect to get a certificate of lawfulness for permitted development.
So we built the loft, all was well. The neighbour who had already built their loft did not build on the party wall both houses share. they built within their own side of the party wall and tiled their wall facing our house. If we were to do the same, it would leave a gap between both houses and it would be impossible for us to tile our side of the wall as the gap would be around 50cm between both walls. Therefore we spoke to our neighbour and agreed that we will build up on our half of the party wall and we did work to construct both roofs together at the top. So our loft was built completely on our side and we joined the roof at the top of both houses to prevent water leaking in the gap. My neighbour was really happy with this as it secures his side of the house well.
After completing the work, we received a letter from the council nearly 5 months after we started the work on site. (the job was completed within 2 months). I understand the complaint the council received was about 4 months before the council made us aware of the complaint. Why did they not inform us earlier while the work was going on? The council claim they made a site visit and viewed from behind my house using the side road without telling us and thought because the work was still in progress, they wont take action just yet. So they waited for us to complete all the work and made another trip 4 months later and then decided to take action?!
The council have stated:
''Whilst the case was opened on 10 October 2013 it was noted by Council Officers at that time that such work was only just beginning. A review of Council’s records confirmed a Certificate of Lawfulness (CLP) for a proposed loft conversion had been granted and therefore officers held off from undertaking any further investigation at that stage given that our initial observations indicated that was the development to be carried out. A more recent site visit confirmed that the completed development does not accord with the approved CLP plans, nor does it meet permitted development under Schedule 2, Part 1, Class B of the Town and Country Planning (General Permitted Development) Order 1995 (as amended).
As stated in my letters dated 20 February and 8 March, planning permission is required for the extension in its current form, however, it is the opinion of officers that an application if submitted would not be supported by the Council. Instead you are requested to modify the development so that it is in accordance with the approved CLP.
To clarify, the dormer shall be set back at least 200mm from the eaves, please refer to the guidance leaflet attached. Furthermore, the dormer shall be set back from the gable end and fire wall adjoining the neighbouring property rather than being an extension of these walls.
The Council requests that such alterations are undertaken within 60 days of the date of this email. Failure to undertake the required alterations within this timeframe will result in the service of an enforcement notice (under Section 172 of the Town and Country Planning Act 1990 [as amended]), requiring the unauthorised development to be removed.''
I am at complete loss as what to do. For us to break down the dormer and rebuild will cost us 20k or so, money we simply do not have. Whats worse is that my neighbours are more than happy with it, I believe the complaint may have come from the neighbours across the road. Is there anything we can do to prevent me having to break it down with 60 days? I feel the council did not act appropriately in informing us after we had completed all the work when they could have informed us far earlier when they made the initial visit when work was being carried out. Surely they have a responsibility to inform us of the complaint earlier? Can my Neighbour not inform the council they are happy with the way it has been built? I also do not understand how we are even supposed to tile the wall if they want us to keep a small gap. It makes no sense to me and really need some support. I would struggle to afford legal help to fight the council on this matter so really need some advice?
Sorry if i have rambled on and if I do not sound very clear, I am just really stressed at the moment!
Kindest regards