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The decision whether or not to take enforcement action boils down to one thing: expediency. No local planning authority worth its salt would issue an enforcement notice against something like this. Enforcement notices are expensive to issue and, without some neighbour kicking up a fuss, the...

The alternative is to appeal against the condition on the grounds that it fails the test of reasonableness and necessity. An appeal is free and, if you choose the 'written representations' procedure, won't take much longer than eight weeks to reach a decision. The Planning Inspectorate have...

One of the basic principles of the planning system is that anyone can apply for planning permission on any piece of land. For example, I could apply for permission to erect a scale replica of the Eiffel Tower in my next door neighbour's garden - and it's possible that I could be granted...

I don't sniff it though. Well, not always. :wink:

Big Tone - I suffer the same as you - cat turds liberally appearing (usually) overnight in the garden. So you have my sympathy, empathy and 100 per cent support. I don't care if I offend cat owners the length and breadth of the UK, cats are a menace and their owners often oblivious to the...

Am I the only one gagging to see a picture? Presumably he's built the fence right on the extremity of his boundary. Which means some of the concrete holding the post in the ground is likely to be on your land. Why not ask him to chip out all the concrete that happens to be on your side of...

Okay, help us out here: 1) How long ago did you create the driveway? 2) Where does the surface water on the driveway drain to? Does it drain to a soakaway on the boundary of your property or does it run off to a drain at the side of the road? 3) Do you live in a house, flat or...

No, Tipper, they're conditions that last in perpetuity or until superseded by another planning permission. Conditions that need discharging will specifically ask for further details to be sent to the local planning authority.

Without seeing the terms of the condition it's difficult to predict. I'd expect to see details relating to the species, the size of the tree being planted, the method of planting and a guarantee that if dies within three years of being planted it will be replaced with a suitable other...

Yes, they are essentially a formality. But - as with all things in planning - the applications will still be subject to public consultation so that Mr and Mrs NIMBY can lodge vexatious objections. That's means the applications will still take quite some time to get through the system. There...

Depends how complex the conditions are, what level of detail they require and how many conditions you attempting to discharge under the same application. Generally speaking, applications to discharge conditions aren't subject to the same legal requirements for public consultation that apply...

Under the new Statutory Instrument 2009 No. 2261 (google it!), from 1 October 2009 you will be able to extend your permission from three to five years. As yet, the fee for such an application has not been agreed, but the consulation document produced by Communities and Local Government...

Woody, you're almost right. A letter on headed paper, signed by the appropriate member of staff, stating that a proposal is permitted development carries as much legal weight as a formal lawful development certificate. The relevant element of planning law is called estoppel. You can prejudice...

Huw, the clue to interpretation of permitted development rights is the profligate use of "original dwellinghouse" and "original roof" in the 2008 General Permitted Development Order. The logic of your argument is that you could just keep adding extension onto extension onto extension.

lmk, let me give you the benefit of my experience. There's a lot of truth in what ban says, so don't be so dismissive of the postings on here. I had eight 50w halogen downlights installed when I had a kitchen refit two years ago. I also intended to install lights under the cupboards, but...

Dackers There are number of variables here, and a plan showing the position of the tree relative to your garden and the house would be a good starting point. This will show whether or not there is sufficient garden area for the majority of the roots. Tree roots will easily pass under a...

No. Planning law makes it a planning issue. Look at Schedule 2, Part 1, Class F of the General Permitted Development Order 2008 if you don't believe me. The common law issue is entirely different and is not a planning consideration. What, cheaper than £85? And what insurer is going to...

Someone selling their house to an overzealous buyer with an annoying conveyancing solicitor. I deal with LDCs for replacement windows and replacement roof tiles! So if someone built a drive that drained onto your prize rose bed in your front garden, you'd shoot the friendly planning officer...

Mack, There are numerous issues arising from the new planning rules introduced last October, not least the issue of paving over front gardens and replacing drives/hard surfaces. The truth is that most planning departments have under-resourced enforcement teams and they probably won't give a...

Thanks chaps. Just the ticket.