Help! Extension not compliant with planning permission

Jplondon · 7 Aug 2015

The other day I got a card posted through the door from the council that my extension built last year is not in accordance with the plans and to ring to arrange an onsite meeting.

I have a semi detached house and had permission in place for a 3m single storey rear extension and side extension (wrap around). Under the temporary relaxed planing laws I successfully applied for a 6m rear extension.

With both of these in place, the builders commenced the development and said that it would be ok to build the 6m rear extension and wrap it around to join a side extension. I didn't submit a planning application thinking it would not be required because in principle I had approval for 3m wrap around and had approval for 6m rear and wrapping that around would not cause any problems. Looks like I maybe wrong.

Any advice on what I can do to resolve this? Will I be forced to demolish it, if so, I do not have the financial resources to do this as I'm already in debt and repaying large loans? I'm really worried and this is causing me sleepless nights. Any help and advice appreciated Thanks

Timbo21 · 7 Aug 2015

Sounds like someone has complained.

Planning generally don't drive around looking into people's gardens unless notified. Did you inform them when you finished? If not, that may be another reason they've been sniffing around. Has it affected your neighbours?

I applied to do a 3m permitted development extension and I decided I needed another 1.2m. Planning said I needed to apply again from scratch and do another neighbour consultation, which would delay about 4-5 weeks. I didn't have time to stop the builders, so I checked if my neighbours minded (they didn't), re-applied, but carried on with the work. The permission came through a few days after it was mainly finished (phew!). I took the risk because on the Local Authority website they said they would only enforce serious breaches. So it does depend on that particular council. I would say don't avoid them and just put your case. It doesn't sound like what you've done is too bad, but not easy without seeing plans. I really don't think they will demolish, unless there is a very good reason. After all, you haven't built a castle in your garden. They may ask you to re-apply retrospectfully. Were the neighbours ok? Did you check with them?

Jplondon · 7 Aug 2015

I think the neighbour has complained. At the time I did speak to him and showed him what I was planning to do and he said what I do on my land is my business as long as I don't do anything on his land. I didn't get anything in writing unfortunately.

I didn't inform the council when I had completed the extension. I didn't know I had to - my architect did arrange for the building regs certificate to be sent to the council which I thought was all that was required.

Jplondon · 7 Aug 2015

It's odd that the extension had been up for well over a year and the neighbour had ample opportunity to express any concerns and now suddenly out of the blue I have a visit from council

^woody^ · 8 Aug 2015

You can ignore the request or invite the planner in for a meeting.

If you ignore it, they may choose to pursue enforcement or not to, depending on the extent of the breach and impact on neighbours.

If they pursue it, or if you meet up, then they may invite you to submit a retrospective planning application - and this might be for the whole lot. This will then be assessed on their planning policy for single story extensions, and not the relaxed neighbour consultation scheme.

You are very unlikely to have to demolish it unless it's really monstrous. There is also a concept that planners should not take enforcement action against something that they or the planning inspectorate would otherwise give permission for.

Jplondon · 8 Aug 2015

Any thoughts on whether a 6m rear extension that wraps around into a side storey extension is something that would be given retrospective planning approval.

^woody^ · 8 Aug 2015

You need to check your local planning policy guides.

In particular, any mention of the "45° rule", which covers blocking light to neighbours windows, and is often a problem with deep extensions.

But your argument is that you could have potentially built the 6m bit and then added the wrap around. But you need to check if this would have been possible under their planning policy, and whether they would have approved the additional wrap aground had you sought permission for that after building the main extension.

tony1851 · 8 Aug 2015

As above, really: if there is no problem with the 6m rear extension (on its own) and no problem with the side extension plus a (shorter) rear extension,
it's unlikely the planning dept will enforce it.
It could well be a 'minor or technical breach', and policy guidelines state that enforcement may not be appropriate in those circumstances.
You will get letters from the council threatening all sorts of dire consequences, but at the end of the day, it will probably get them off your back if
you pay for a new planning application.
On the other hand, if you ignore them, are they in a position to prove that it affects the amenity of adjoining owners? Possibly not.......?

Jplondon · 9 Aug 2015

Visually by squaring of the extension it looks so much better if you stand back and look at the house from the rear and I don't believe it blocks anymore light to the neighbour than a 3metre extension as the house next door is a detached house.

Normy88 · 3 Nov 2015

Hi Jplondon,

What a coincidence, I am based in Coventry ( West Midlands ) and i am in the EXACT same dilemma as you. Semi-detached property- 6M Extension- Build is now a year old. The Neighbour whom is DETACHED from the Property seems to have a problem,

Any updates on your situation?

Any advice for me?

u587162 · 3 Nov 2015

We had an L shaped house and wanted to do a wrap around under PD and it was rejected because we were told the void area in the L shape was actually a side extension and under PD you cannot join the rear wall and the side wall - you would have to leave a gap of some sort.

Rather annoyingly we had to submit a planning application for which we were told to have a 0.4m step back in 7.5m side extension before it connected to the 3.5m extension on the other side. Totally ruined our plans to have a nice 10m flat patio door system.

Hiten Rabadia · 7 Jan 2021

Hi

Can you please confirm what happened with this? Did the council make you rebuild?

Thanks

Hiten

DevilDamo · 7 Jan 2021

The thread is over 5 years old and the OP hasn’t been online for about 4.5 years. I would suggest you send them a private message.

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Help! Extension not compliant with planning permission

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