enforcement notice

[howsitdone]

I have recently built a single storey flat roof extension having successfully received planning permission.There are no conditions on the permission regarding accessing the roof for maintenance or as a means of escape nor indeed does it mention sitting out on the roof. While carrying out routine maintenance ie sweeping up debris and surface water a young man employed by me slipped and fell over the low parapet and was seriously injured. Litigation may follow. I was advised by my insurer that the property may be uninsurable unless I installed a safety barrier. I subsequently installed railings with glass panels at great expense. As I made no other changes to the area and dont sit out on the flat roof I was informed that it was permitted development and did not require planning. I have susequently received an enforcement notice requiring that I remove the railings but if I do so I could be sued for negligence for not making the area safe and could render the property uninsurable.
What advice can anyone offer me on this? Am I likely to win a planning appeal?

 

[^woody^]

Your insurer gave you bad advice

If the risk is that of a worker falling, then there are alternative temporary barriers or fall arrest systems available.

If this was a commercial property, then you should have done a risk assessment. If domestic, then the contractor would normally be responsible for fall arrest precautions, not you

Either way, as there are alternatives, you were under no obligation to install permanent guarding

Anyway, see here www.diynot.com/forums/roofing-gutte...ng-permission-for-decking-on-flat-roof.317380

It depends what the planners are alleging is contravening their policies, and whether the railing actually does or not.

You would also require building regulations approval for this - without which you could be just as negligent as if there were no railings

As for any claim you may get from the person who fell, then it depends if you are a business or not. In any case, if he is a specialist firm, he should sort out his own safety equipment and procedures. If he is just some cheap labourer you picked up, then you could well be liable for his safety and injury

 

[howsitdone]

This is a domestic property- I am a pensioner-I just asked a young man who was visiting me if he would help me out by sweeping up the debris and surface water on my flat roof as I was poorly-usually I do the job myself-any capable person can do this its not a builders job. The flat roof, which is made of fibreglass, seems to pick up a lot of leaves and other debris and blocks the gulleys so I have to sweep away the water. If I allow water to build up I get damp patches. I couldn't afford to employ a builder every month and I wouldn't have anywhere to store temporary guarding and it would be too difficult and heavy for me to install each time.
The planners are alleging that I have made a roof terrace. I haven't made any changes at all to the property except the railings and I have told them that no one has ever sat on the flat roof, they sit in the garden. A neighbour who causes me a lot of trouble reported me to the planners because they have seen the railings from their property and says this constitues a roof terrace.. A lot of other properties in the area have security railings on flat roofs. This is not a conservation area or a listed building. If they make me remove the railings and there is another accident, for example me, could the council be held negligent as they have been made aware that the surface is very slippery especially when wet and there has already been one accident.
I am happy to apply for retrospective planning or building regs. -it was never my intention to do anything wrong-infact just the opposite-but I would like to know if I have strong grounds for getting this passed?

Your insurer gave you bad advice

If the risk is that of a worker falling, then there are alternative temporary barriers or fall arrest systems available.

If this was a commercial property, then you should have done a risk assessment. If domestic, then the contractor would normally be responsible for fall arrest precautions, not you

Either way, as there are alternatives, you were under no obligation to install permanent guarding

Anyway, see here www.diynot.com/forums/roofing-gutte...ng-permission-for-decking-on-flat-roof.317380

It depends what the planners are alleging is contravening their policies, and whether the railing actually does or not.

You would also require building regulations approval for this - without which you could be just as negligent as if there were no railings

As for any claim you may get from the person who fell, then it depends if you are a business or not. In any case, if he is a specialist firm, he should sort out his own safety equipment and procedures. If he is just some cheap labourer you picked up, then you could well be liable for his safety and injury

 

[^woody^]

If they make me remove the railings and there is another accident ...., could the council be held negligent

No, the council can't be held negligent for enforcing their lawful duties.

Anyway, read that other thread as the circumstances are similar. You need to concentrate purely on planning regulations and ignore what may or may not be dangerous when on the roof - as that is irrelevent to the planners

If you have not made a roof terrace, and merely erected guarding, then you should be OK.

You can either tell the council this, or ignore the enforcement notice ..... if you are confident that your circumstances are such that the guarding is permitted development.