Hi All
Thank YOUUUUUUUUUU all now sorted
Thank YOUUUUUUUUUU all now sorted
HELP! Enforcement Notice - breach of planning control :(
- Thread starter silvermist
- Start date
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You need to check any agreements between yourself and the Architect and Builder.
Is there anything that documents who was responsible for checking/obtaining planning permission?
Did the Architect document that it wasn't needed? Same for the builder? Did the Architect document that it was needed but you went ahead with the build without applying/checking?
Did the builder somehow change the Architects plans and therefore take it from PD to needing PP?
Maybe it's worth talking to the council, explaining how you arrived here and asking them how you could get retrospective PP?
In addition read these documents in relation to dormers
http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf
http://planningjungle.com/wp-conten...-10-Worst-Permitted-Development-Loopholes.pdf
the first doc says 20cm unless there are good reasons not to (I assume your builder/architect thought there were good reasons), if it's not been done in similar materials then maybe a change of render or whatever would be enough to make it PD.
You also need to check if your property actually has PD rights or if they were withdrawn.
Is there anything that documents who was responsible for checking/obtaining planning permission?
Did the Architect document that it wasn't needed? Same for the builder? Did the Architect document that it was needed but you went ahead with the build without applying/checking?
Did the builder somehow change the Architects plans and therefore take it from PD to needing PP?
Maybe it's worth talking to the council, explaining how you arrived here and asking them how you could get retrospective PP?
In addition read these documents in relation to dormers
http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf
http://planningjungle.com/wp-conten...-10-Worst-Permitted-Development-Loopholes.pdf
the first doc says 20cm unless there are good reasons not to (I assume your builder/architect thought there were good reasons), if it's not been done in similar materials then maybe a change of render or whatever would be enough to make it PD.
You also need to check if your property actually has PD rights or if they were withdrawn.
Any chance of some before and after photos just to clarify your post and what you had done.
nda
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Sounds like your architect and or builder may have dropped a clanger if the quote states Planning or LDC to be applied for and their silence is telling! But before we condemn anyone lets have a look at the situation.
You will be able to find the planning application documents (ie form, drawings, decision notice etc) on your local authority's website. Probably find a direct link by googling 'Plymouth planning applications' (or whatever your local authority is). Otherwise find the planning department section on the authority website and tap in the application number or address to find it.
You can PM me the application number and local authority if you would like me to find it for you.
You will be able to find the planning application documents (ie form, drawings, decision notice etc) on your local authority's website. Probably find a direct link by googling 'Plymouth planning applications' (or whatever your local authority is). Otherwise find the planning department section on the authority website and tap in the application number or address to find it.
You can PM me the application number and local authority if you would like me to find it for you.
Take the before photos from google earth or bing maps, just crop the pic so your location is not revealed if you prefer.
It appears that you are in a bit of a quandary, and whilst you might get certain pointers here, you really need someone local to get involved and advise specifically.
Yes there will be "look at this", and "check that" comments, but you need the whole scope of the work looking at in context of the site, and local planning policy
There are three issues
1. Is the conversion actually PD or not?
2. Could it be accepted via a full planning application?
3. What recourse is there against the designer and builder
*****
1. Someone needs to check whether the work is actually PD or not. The council may be wrong and there could be reasons (past precedent) as to why they are wrong.
There is also the option of appeal against their decision
2. Just because the council refused a LDC application does not mean that you can't apply for full planning permission
If so, the council will assess the work against slightly different criteria, and permission could be granted that way.
3. If the worse comes, then you have legal redress against the designer and the builder.
There is an implied duty for the designer and the builder to have 'professional knowledge' of their work, and advise the client accordingly. The designers duty is obvious (ie he should know all about planning issues) but in addition, the builder can't pass the buck as he has an equal duty not to do work which is contrary to planning regulations - he can be held just as liable.
With regards to 1 and 2, there are appeal processes, so it's not a cut and dry case.
You do need someone knowledgeable in planning law to advise you now. This would normally be a planning consultant rather than a bog standard plan drawer or Architect.
Check your home insurance to see if you have any legal assistance cover
Yes there will be "look at this", and "check that" comments, but you need the whole scope of the work looking at in context of the site, and local planning policy
There are three issues
1. Is the conversion actually PD or not?
2. Could it be accepted via a full planning application?
3. What recourse is there against the designer and builder
*****
1. Someone needs to check whether the work is actually PD or not. The council may be wrong and there could be reasons (past precedent) as to why they are wrong.
There is also the option of appeal against their decision
2. Just because the council refused a LDC application does not mean that you can't apply for full planning permission
If so, the council will assess the work against slightly different criteria, and permission could be granted that way.
3. If the worse comes, then you have legal redress against the designer and the builder.
There is an implied duty for the designer and the builder to have 'professional knowledge' of their work, and advise the client accordingly. The designers duty is obvious (ie he should know all about planning issues) but in addition, the builder can't pass the buck as he has an equal duty not to do work which is contrary to planning regulations - he can be held just as liable.
With regards to 1 and 2, there are appeal processes, so it's not a cut and dry case.
You do need someone knowledgeable in planning law to advise you now. This would normally be a planning consultant rather than a bog standard plan drawer or Architect.
Check your home insurance to see if you have any legal assistance cover
nda
Get a consultant to look into it, but as stated in the links I provided
"This 20cm set back will be required unless it can be demonstrated that this is not possible due to practical or structural considerations."
So, have you measured it and if it's less than 20cm why did your architect design it like that?
"This 20cm set back will be required unless it can be demonstrated that this is not possible due to practical or structural considerations."
So, have you measured it and if it's less than 20cm why did your architect design it like that?
It is not as cut and dry as that. Without the details of a full application, the planners can't make that decision or give that opinion - it could well go to committee and be approved.
You submit the application and then get a councillor to call it in, so it wont be decided by the planners under delegated powers
Yes there may well be options to make the dormer conform by moving parts of it, but you need to explore all the other options (applications and appeals) first
In situations like this, the planners or enforcement officers are normally the last people to take advice off or rely on their comments and opinions
You may well have a monstrosity which will be enforced against, we can't say. But the point is, get some proper advice, determine the merits of the situation, and go through the motions.
Take a leaf out of the gypsies book
nda
as above, it's difficult to say but don't give up, get someone who really knows their stuff and is local
if the architect didn't specify 20cm then really they are at fault unless they had a good reason practically or structurally
if the architect did specify 20cm and the builder ignored then really they are at fault unless they had a good reason practically or structurally
Maybe you could argue that you have used materials which matched your neighbours property, after all they are all part of the same building.
No idea how to find someone, check your LA's planning website to see if you can identify successfull appeals , see if you can identify a consultant from that
if the architect didn't specify 20cm then really they are at fault unless they had a good reason practically or structurally
if the architect did specify 20cm and the builder ignored then really they are at fault unless they had a good reason practically or structurally
Maybe you could argue that you have used materials which matched your neighbours property, after all they are all part of the same building.
No idea how to find someone, check your LA's planning website to see if you can identify successfull appeals , see if you can identify a consultant from that
Sadly, a catalogue of errors there, particularly the assumptions you made which I think you already realise were wrong - that the architect would deal with this sort of thing, the builder would do his bit right, that things were being dealt with after you got your first letter, and so on.
Was the architect a member of RIBA ? If so, then I assume they have some sort of complaints procedure - though I've no idea how effective it is. Ultimately, if you have proof (as in the documentation from the council) that he knew a LDC had been refused but still went ahead without mentioning this to you, then he's not got a leg to stand on and should be liable for all your costs in getting this sorted (but I hear the cash register going kerching, kerching at the lawyers office) - does/did he have professional liability insurance ?
Might also be worth contacting your local Trading Standards dept. It sounds like there's been some dodgy trading been going on here.
Was the architect a member of RIBA ? If so, then I assume they have some sort of complaints procedure - though I've no idea how effective it is. Ultimately, if you have proof (as in the documentation from the council) that he knew a LDC had been refused but still went ahead without mentioning this to you, then he's not got a leg to stand on and should be liable for all your costs in getting this sorted (but I hear the cash register going kerching, kerching at the lawyers office) - does/did he have professional liability insurance ?
Might also be worth contacting your local Trading Standards dept. It sounds like there's been some dodgy trading been going on here.
Christ on a bike!
Anybody who has read my posts knows i'm no fan of dormer loft-con's and the image above is a perfect example as to why.
Your builder is a greedy fool with no pride and your architect needs stringing from a tree.
All three of you must be blind. Taking that lot down will be doing the building a favour.
Anybody who has read my posts knows i'm no fan of dormer loft-con's and the image above is a perfect example as to why.
Your builder is a greedy fool with no pride and your architect needs stringing from a tree.
All three of you must be blind. Taking that lot down will be doing the building a favour.
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