Porch a bit too big?

[owen1978]

Hi,

Bit of background info...
I put in a planning application for a two storey side extension last October which didn't include a porch, because I hadn't planned to have one and it didn't come across my mind.

Anyway the application has still not been process due to the case worker who it was assigned to left in Feb this year, since then it hasn't been assigned to anyone so its been sitting in limbo. I chased it up a month ago, so its back on the table an a new case worker has been assigned.

Anyway....

During the summer the wife wanted a new porch, so I decided to do a self build/project manage.
I aimed to do it under permitted development...

• Not exceed 3sqm
• Not excedd 3m height
• No less than 2m from the boundary

Anyway a neighbour who got the plans to our extension posted to him, has then rang the council and said that we are building a porch and its not in the plans. The council have come and apparently have had a looked and said we need to add it to the plans.

The architect is going to charge me £250 for the pleasure

I measure the sqm and it comes to 3.3sqm so just a little bit off and I think the height is probably off by 50cm.

Is there anyway I could talk the council into accepting this as permitted development?
I have found this government site

https://www.gov.uk/guidance/ensuring-effective-enforcement

The following section;
No formal action
Can breaches of planning control be addressed without formal enforcement action, such as an enforcement notice?

Addressing breaches of planning control without formal enforcement action can often be the quickest and most cost effective way of achieving a satisfactory and lasting remedy. For example, a breach of control may be the result of a genuine mistake where, once the breach is identified, the owner or occupier takes immediate action to remedy it. Furthermore in some instances formal enforcement action may not be appropriate.

When might formal enforcement action not be appropriate?

• There is a trivial or technical breach of control which causes no material harm or adverse impact on the amenity of the site or the surrounding area.

Any ideas or advice, has anyone else had a similar issue?

 

[^woody^]

10% increase in size is not trivial. And 50mm in height can be significant if it throws things out of alignment.

Do the council know its too big?

 

[owen1978]

I don't think so.... the door frames & roof only got put on last Tuesday afternoon and completed last Thursday. The builders didn't mention anyone coming around to take measurements and and my wife didn't notice either. So I am assuming that came the previous week.

The email says...
I have received an objection from the adjacent neighbour and it makes reference to a new porch which is currently under construction on the front of the above address. Following a site visit I can confirm that the porch would require planning permission and therefore could you please advise your client accordingly. If possible could you amend the drawings to include this element so that it can be considered at the same time this would resolve any issues at a later date.

I am worried that they will ask me to take it down

 

[foxhole]

I thought planning had to be approved or regected within 8weeks?

 

[^woody^]

I don't think so.... the door frames & roof only got put on last Tuesday afternoon and completed last Thursday. The builders didn't mention anyone coming around to take measurements and and my wife didn't notice either. So I am assuming that came the previous week.

The email says...
I have received an objection from the adjacent neighbour and it makes reference to a new porch which is currently under construction on the front of the above address. Following a site visit I can confirm that the porch would require planning permission and therefore could you please advise your client accordingly. If possible could you amend the drawings to include this element so that it can be considered at the same time this would resolve any issues at a later date.

I am worried that they will ask me to take it down

A planning application should take 8 weeks to decide unless you agree to a longer time period. After 8 weeks, you can appeal to the Planning Inspectorate for a decision. Councils don't like this as it takes away their control of development.

If the porch is definitely PD (despite the size error) - ie you have PD rights and it is otherwise built-in accordance with PD criteria, then I wonder if the council is trying to get you to alter the application by adding this, and then this starts a new consultation period and the previous delay is voided.

You could reply to the council that the porch is PD and distinct from the proposed work previously applied for, and no need to add it to the application. Also ask them how soon you can expect a decision. Either way the porch should not hold up the previous planning application.

Why isn't your agent dealing with the application delay and advising you your options?

 

[Nakajo]

Fun fact; I've got an application that's now more than 3 months past its target decision date

 

[^woody^]

Fun fact; I've got an application that's now more than 3 months past its target decision date

What are you doing about it?

 

[pilsbury]

Damn. You’re paying for a service and they are taking the p1ss. I’d be on it hard.

 

[tony1851]

Just bite the bullet and pay the shyster £250 and save yourself a lot of aggravation. It's highly unlikely the council will turn down your application if it is added to the plans.
Your biggest problem is living next door to a d*** of a neighbour.

 

[Nakajo]

What are you doing about it?

I'll give them one more day

 

[wessex101]

Just bite the bullet and pay the shyster £250 and save yourself a lot of aggravation. It's highly unlikely the council will turn down your application if it is added to the plans.
Your biggest problem is living next door to a d*** of a neighbour.

No, I think he should call the Council's bluff and see if they actually take enforcement action. Just write back and say "as far as I am aware the porch is permitted development" and see what happens.

 

[^woody^]

I'll give them one more day

Time's up

 

[Nakajo]

There's still a few hours left.

 

[big-all]

is it 50mm too high or 500mm to high??
remember that from the highest natural ground level it covers
also is the 3.3 internal floor area??

 

[tony1851]

No, I think he should call the Council's bluff and see if they actually take enforcement action. Just write back and say "as far as I am aware the porch is permitted development" and see what happens.

That's OK to a point, but in calling their bluff, he risks rubbing their backs up and they might decide to retaliate and find some spurious ground on which to refuse his original application.