My neighbour in 2004 had planning permission to extend their single story flat roof extension on the rear of their house. Various conditions were stipulated by the council. The two relevent ones to my question are 1) the extension could not extend past the end of my house and 2) No access to the new part of the flat roof (the extended bit) was to be permitted and a metal fence was to be errected along the line of the old and new flat roof to prevent this (there were existing doors to access the original flat roof. Both conditions stated they were to preserve my privacy.
So my neighbour extended his flatroof exactly to the depth of my house in 2004. He never built the metal fence to stop access to the new part.
They have this year applied for permission to build a conservatory on the flat roof extension.
the council granted this permission and i did not object. Again with conditions. The conservatory can not be built on the new part of the extension only the original pert pre 2004. They had to change their plans to instead of having the doors opening to the rear of the flat roof, access to the post 2004 part of the flat roof, move them to the side of the conservatory and fence off the area of the post 2004 flat roof to prevent access to comply with the condition in the 2004 planning permission.
Whilst this planning permission was being granted (spring 2015) my neighbour installed a permanent metal staircase on the rear of the flat roof to access the garden. when using the stair case they can look through my kitchen windows and patio doors.
I complained to the council enforcement officer stating that the staircase was a permanent structure and needed planning permission that was not present and it broke both of the two planning conditions I stated above.
After a month I got a phone call from the enforcement officer stating that it was and illegal construction and he had told them to remove it.
Then I noticed that after a month it had been moved from close to the fence between our properties to about 6 foot away.
So I called the enforcement officer and said what had happened and the enforcement officer told me that my neighbour "Had been neighbourly in moving it." So I should accept it. Obviously I said it is not neighbourly to ignore planning permission constraints and it either has planning permission or it does not. He then said it does have planning permission. I said it does not, it can not because of the constriants. So I said prove it. He arranged to get the 2004 file from storage for me to view.
I have and there is no drawing in that file with an external staircase on. Also none of the drawings for the new conservatory have a staircase on. There is no reference in any of the files for a staircase.
So I can only conclude there is no planning permission for an external staircase. Am I correct in this because the council planning department have told me an external metal staircase would require planning permission?
Secondly the enforcement officer refuses to change his decision, I keep asking him to prove to me there is planning permission, he basically refuses saying it is in the file.
So I would like to know the best way forward to challenge this decision.
Do I write to the director of the planning department asking him for a review or request him to provide the documentary proof that there is or is not planning permission?
Do I go straight to a planning lawyer?
Also does anybody know if a planning enforcement officer can grant planning permission or can they only decide if permission is there or not i.e if this officer has written to my nieghbour saying your stairs are fine is that granting planning permission?
Thanks in advance.
So my neighbour extended his flatroof exactly to the depth of my house in 2004. He never built the metal fence to stop access to the new part.
They have this year applied for permission to build a conservatory on the flat roof extension.
the council granted this permission and i did not object. Again with conditions. The conservatory can not be built on the new part of the extension only the original pert pre 2004. They had to change their plans to instead of having the doors opening to the rear of the flat roof, access to the post 2004 part of the flat roof, move them to the side of the conservatory and fence off the area of the post 2004 flat roof to prevent access to comply with the condition in the 2004 planning permission.
Whilst this planning permission was being granted (spring 2015) my neighbour installed a permanent metal staircase on the rear of the flat roof to access the garden. when using the stair case they can look through my kitchen windows and patio doors.
I complained to the council enforcement officer stating that the staircase was a permanent structure and needed planning permission that was not present and it broke both of the two planning conditions I stated above.
After a month I got a phone call from the enforcement officer stating that it was and illegal construction and he had told them to remove it.
Then I noticed that after a month it had been moved from close to the fence between our properties to about 6 foot away.
So I called the enforcement officer and said what had happened and the enforcement officer told me that my neighbour "Had been neighbourly in moving it." So I should accept it. Obviously I said it is not neighbourly to ignore planning permission constraints and it either has planning permission or it does not. He then said it does have planning permission. I said it does not, it can not because of the constriants. So I said prove it. He arranged to get the 2004 file from storage for me to view.
I have and there is no drawing in that file with an external staircase on. Also none of the drawings for the new conservatory have a staircase on. There is no reference in any of the files for a staircase.
So I can only conclude there is no planning permission for an external staircase. Am I correct in this because the council planning department have told me an external metal staircase would require planning permission?
Secondly the enforcement officer refuses to change his decision, I keep asking him to prove to me there is planning permission, he basically refuses saying it is in the file.
So I would like to know the best way forward to challenge this decision.
Do I write to the director of the planning department asking him for a review or request him to provide the documentary proof that there is or is not planning permission?
Do I go straight to a planning lawyer?
Also does anybody know if a planning enforcement officer can grant planning permission or can they only decide if permission is there or not i.e if this officer has written to my nieghbour saying your stairs are fine is that granting planning permission?
Thanks in advance.