Balcony Handrail Enforcement Notice

[markiteight]

I purchased a flat in Feb 2010 - the building was completed in 2009.

9mths after I moved in received a notice that there wasn't planning permission for the balustrade/ handrail position so close to the parapet. This was fought by the developers unsuccessfully.

I was compensated for the error however the developers advised we should wait until the enforcement notice was received before they carried out the work to relocate the balustrade and planters. It was also advised that if enough time had passed (3 or 4 years can't remember which) we could apply for 'as built' or 'retrospective' certificate (unsure of the correct legal/planning term).

It is now 3 possibly 4 years since the building was signed-off by council.

What is the exact length of time that needs to pass in order to apply for 'As Built' ?

Now that I have received an Enforcement Notice can I apply for 'As Built'?

Any advice would be appreciated.

Thanks

 

[geraldthehamster]

I purchased a flat in Feb 2010 - the building was completed in 2009.

9mths after I moved in received a notice that there wasn't planning permission for the balustrade/ handrail position so close to the parapet. This was fought by the developers unsuccessfully.

I was compensated for the error however the developers advised we should wait until the enforcement notice was received before they carried out the work to relocate the balustrade and planters. It was also advised that if enough time had passed (3 or 4 years can't remember which) we could apply for 'as built' or 'retrospective' certificate (unsure of the correct legal/planning term).

It is now 3 possibly 4 years since the building was signed-off by council.

What is the exact length of time that needs to pass in order to apply for 'As Built' ?

Now that I have received an Enforcement Notice can I apply for 'As Built'?

Any advice would be appreciated.

Thanks

There is a 4 year limit for enforcement action on unauthorised development. For non-compliance with a planning condition, a 10-year rule applies. I'm not sure which would apply here, but someone will know.

Cheers
Richard

 

[jeds]

4 years. But if you haven't heard anything for so long and you are not planning to sell the flat imminently I'd just leave alone if I were you.

 

[geraldthehamster]

4 years. But if you haven't heard anything for so long and you are not planning to sell the flat imminently I'd just leave alone if I were you.

He says he's received an enforcement notice, though...

Cheers
Richard

 

[jeds]

Aah. Somehow missed that bit. In that case you need to know when the building was 'substantially completed'. The 4 years runs from that date. There may be other factors though. You really need to know exactly what notices were issued by the planners back in 2010 and what the outcome was of any planning application or appeal made by the developers. Those things may affect the time limit. (which is why I was saying keep your head down) First thing to do is look up your property on the local planning website and see if naything is listed.

 

[geraldthehamster]

Aah. Somehow missed that bit. In that case you need to know when the building was 'substantially completed'. The 4 years runs from that date. There may be other factors though. You really need to know exactly what notices were issued by the planners back in 2010 and what the outcome was of any planning application or appeal made by the developers. Those things may affect the time limit. (which is why I was saying keep your head down) First thing to do is look up your property on the local planning website and see if naything is listed.

I wasn't clear whether the balustrade was part of the original building design. If it was, and had simply been built not according to the plans, would that amount to not conforming to a planning condition, and be subject to the 10 year rule? Or does that only apply to specific conditions mentioned in the consent?

Cheers
Richard

 

[markiteight]

Aah. Somehow missed that bit. In that case you need to know when the building was 'substantially completed'. The 4 years runs from that date. There may be other factors though. You really need to know exactly what notices were issued by the planners back in 2010 and what the outcome was of any planning application or appeal made by the developers. Those things may affect the time limit. (which is why I was saying keep your head down) First thing to do is look up your property on the local planning website and see if naything is listed.

Thanks for your replies.

I just had a look through the local borough planning site and found out that the developers actually applied for retrospective planning permission for the balcony line at about the time I became interested in the flat and they received the refusal from council 2 days before I settled on the 18Feb 2010 but didn't tell me. So they knowingly sold me a flat that didn't have planning permission - not a nice feeling.

Also I can't seem to find a date anywhere that shows when a completion certificate might have been issued from council within the planning section on the l.authorities website and the building control section doesn't appear to show this information either?

RE: 4year rule , if it did work out that a completion certificate was issued before 8th May 2009 (4 years ago) – might I have a case even though retrospective planning permission was refused on 18Feb 2010?

 

[geraldthehamster]

Aah. Somehow missed that bit. In that case you need to know when the building was 'substantially completed'. The 4 years runs from that date. There may be other factors though. You really need to know exactly what notices were issued by the planners back in 2010 and what the outcome was of any planning application or appeal made by the developers. Those things may affect the time limit. (which is why I was saying keep your head down) First thing to do is look up your property on the local planning website and see if naything is listed.

Thanks for your replies.

I just had a look through the local borough planning site and found out that the developers actually applied for retrospective planning permission for the balcony line at about the time I became interested in the flat and they received the refusal from council 2 days before I settled on the 18Feb 2010 but didn't tell me. So they knowingly sold me a flat that didn't have planning permission - not a nice feeling.

Also I can't seem to find a date anywhere that shows when a completion certificate might have been issued from council within the planning section on the l.authorities website and the building control section doesn't appear to show this information either?

RE: 4year rule , if it did work out that a completion certificate was issued before 8th May 2009 (4 years ago) – might I have a case even though retrospective planning permission was refused on 18Feb 2010?

If Planning Permission was refused in 2010, and an enforcement notice has been issued, it seems to me that you have two options - either comply with the enforcement notice, or appeal against it. It's an offence not to comply with an enforcement notice.

To be honest I think you're going to have to make the changes. I'd also consult a solicitor about misrepresentation by the developer.

Cheers
Richard

 

[jeds]

It's often difficult to tie these dates down precisely - not even the planners are likely to know for sure. If you could find a neighbour that moved in before the 4 year date that remembers the house being substantially complete that's all you need as evidence. In which case I would submit an application for a certificate of lawfulness and see what happens. If it's refused at least you'll know exactly what their case is and if they get something wrong or their reasons seem a bit grey you could appeal it. Alternatively you could apply for your own retrospective planning and then appeal that. What is it about the handrail that's so offensive? Has anything changed in the neighbourhood in the last 4 years that might make it more acceptable now than then?

On the original purchase; your solicitor should have picked up on the outstanding planning issue. Have you thought of asking them why they didn't? They might at least give you some free advice if they think it might divert attention away from them.