Have discovered multiple breaches from adjacent development - Do I have any hope?

[HaveMercy]

History of adjacent property...........

• Dec 2006 - Developer applied Planning Permission to build a detached 2 storey dwelling. DECISION = APPROVED
  
• Apr 2007 - Developer decided to then change his mind and apply for erection of two storey building to form 2 self contained flats. DECISION = REFUSED
• Aug 2008 - Developer applied Planning Permission to build a detached 2 storey dwelling. DECISION = APPROVED (basically same thing as Dec 2006)
  
• 2008 - Building work commenced, Developer ending up building a 3 storey dwelling with a Dormer/loft extension.
  
• 2008 to Date - Building has been rented out, individually as 3 flats (over 3 stories)
  
• Jun 2010 - Developer applied Building Regulations for unauthorised work, Conversion of property into 3 self-contained flats.
  
• Oct 2010 - Retrospective application in respect of the conversion of a detached house into three self contained flats (1 bedsit and 2 one bed). DECISION = REFUSED
  
• Jun 2011 - Developer sought Planning Permission for Retention of conversion to three flats. DECISION = REFUSED

Since erection of this property in 2008 it has been continually operated as 3 storey flats.

Questions........!
- What's wrong with this picture?
- How was this property allowed to be built as a 3 storey when permission was only granted for 2? Should a planning enforcement not have been placed to reinstate back to 2 floors?
- How has this property been allowed to be operated as 3 standalone flats, when permission was only granted for a single family dwelling? If planning refused it, why no enforcement to reinstate?


Throughout this time we thought the appropriate procedures/processes had been in place, since this property severely overlooks our garden, loss of privacy, noise, disturbance etc we just thought that's just the way things were done. Only now I have been conducting research, become acquainted and have discovered this interesting history.

We would be grateful for any advice, to get sufficiently armed with the help from yourselves before contacting the relevant authorities.

Preferably we would like to have this property reinstated back to the 2-storey single family dwelling PP was originally granted for. I don't know whether this is a 4 or 10 year matter too, even though this property has been used for commercial reasons, straying away from a residential dwelling.

Do we have much hope?

 

[^woody^]

No chance. The planning authority have no duty to enforce.

 

[nab]

I think the physical building of it itself comes under the four year rule. So it was over four years ago so now they have no duty to enforce that.

I believe the ten year rule covers changes of use, not the actual building of the property. It was given permission as a residential dwelling, it's within 10 years and it's being used as a residential dwelling. So, no I don't think they would do anything.

 

[HaveMercy]

So if the works were refused by Planning, how can the building be Certified for dwelling?

It was refused on the basis of "loss of single family dwelling, house of a size/location inappropriate for sub-division into more than one dwelling, would have an adverse effect on character and amenities enjoyed" (summary).

But it has been continually let out as 3 flats.

 

[Nige F]

"auction" ?

 

[HaveMercy]

Wow, baptism of fire, I'm beginning to understand why developers invest in "bricks and mortar", they can get away with planning infringements, make a killing and effectively get away with it. Time to change my profession too.

Thanks for your help guys.

 

[nab]

So if the works were refused by Planning, how can the building be Certified for dwelling?

It was refused on the basis of "loss of single family dwelling, house of a size/location inappropriate for sub-division into more than one dwelling, would have an adverse effect on character and amenities enjoyed" (summary).

But it has been continually let out as 3 flats.

Do you mean.. how was it signed off as a dwelling by building control?

Building control don;t check the planning permission they just check that the property is safe.

Plus planners don;t really go and look at the building after it is built. They pretty much rely on the public to report breaches of planning, probably on the basis that if it causing "planning harm" then people will report it. If it bothers no-one then leave it be and after 4 years you can;t do anything about it anyway.

Just on another point, i saw that one of the planning application was approved. So I'm guessing that most of the interested local public would have assumed that they were building that application form the outide and so no-one complained. (the approved permission still stands even if there are subsequent refused applications). If someone had complained within 4 years of the commencement of that building development then the council could have called them out or breach of planning. However, whether the enforcement side would go to the hassle of enforcing the breach and making the developer rebuild is debatable. It's possible that they would have weighed up the pros and cons of possible litigation against the public mood and decided that enforcement action would not be expedient.

HIgh profile cases might be backed up by enforcement action though to give the public the impression that planning regulations are thoroughly enforced. Day to day low profile cases that don;t cause much disturbance can go under the radar very easily though.

 

[napoleondynamite]

Put simply- if the building and use have been in place for more than 4 years, and the council did not serve an enforcement notice in that time, the building and use will now be immune from enforcement action.

So it sounds like the determining factor is- did the council serve an enforcement notice before the 4 year period ran its course?

 

[chappers]

The 4 and 10 year enforcement rules are complex and often interchangeable for given situations , which may be either beneficial or detrimental to those breaching the rules. on top of that there is no time limit for enforcement in cases of willing deception of the planning process. which may apply here, by way that the developer had permission for a single two storey dwelling, but a) built a 3 storey dwelling and more importantly b)built a block of flats, knowing that that was expressly forbidden by way of a refused planning application.
It's complex, I doubt it would be in the public interest unless it is causing major harm to have the building removed or re-built(especially in view of the 4 year rule) but there may well be a strong case for enforcement to return it to a single dwelling which would fall under the 10year rule....I think!!!

 

[napoleondynamite]

The 4 and 10 year enforcement rules are complex and often interchangeable for given situations , which may be either beneficial or detrimental to those breaching the rules. on top of that there is no time limit for enforcement in cases of willing deception of the planning process. which may apply here, by way that the developer had permission for a single two storey dwelling, but a) built a 3 storey dwelling and more importantly b)built a block of flats, knowing that that was expressly forbidden by way of a refused planning application.
It's complex, I doubt it would be in the public interest unless it is causing major harm to have the building removed or re-built(especially in view of the 4 year rule) but there may well be a strong case for enforcement to return it to a single dwelling which would fall under the 10year rule....I think!!!

I think it is generally accepted that in respect of houses and flats the 4 year period applies. The way the legislation is worded is open to interpretation (as usual), but in the cases I have seen over the years the 4 year rule has always been applied.

 

[chappers]

But in this case there is an approved planning permission for a single dwelling so I think they could use the 10 year rule against two breaches one the change of use of the land and two the change of use from single dwelling to several dwellings. I agree it would be unlikely that they would proceed to have the building altered to 2 storeys or demolished, but they could enforce it's return to a single dwelling
In the case of houses or flats being purpose built without permission and the 4 year period expires then the building becomes immune from enforcement from a construction point of view, but there is still scope to enforce under the change of use from land to a dwelling under the 10 year rule. the reason that this is only exercised in cases of extreme nuisance is that there is case law which says that the 10 year rule shouldn't be applied if it will render the building in effect useless.

However if you had planning permission to build a garage and instead you built a habitable dwelling and the 4 year period expired, whilst there would be no grounds to have the building removed under the 4 year rule there would be sufficient grounds under the 10 year rule as converting it back to a garage would not render the building useless as it's use would then be as the garage for which permission was originally applied for. What could be taken into consideration though is whether permission could have been granted for a dwelling.
But I think in this case it's pretty straight forward that permission for flats wouldn't have been granted as demonstrated by the refused application to build such.

 

[HaveMercy]

Nab - I guess my folks will be regarded as a low profile case.

napoleondynamite - I don't know if an enforcement notice was served, are we able to find out, would it be freedom of information?

Chappers - Regarding harm, my Mum just doesn't go in the garden anymore, she just feels uncomfortable that her privacy is being overlooked by 3 different sets of tenants. Reverting the building back to a single family dwelling would be good (but they would be compelled to destroy the 3 kitchens though right?), altering the building back to 2 storeys even better, demolishing the building outright would be job done.

 

[HaveMercy]

Just thought I'd attach a view from Mum's garden of the house built in red brick.

 

[HaveMercy]

There seems to be two options available for contacting my local council;
1) Planning enforcement
2) Unauthorised work / Building Control

Would both of these departments need to be contacted? I think I'll inform them this week. Give it a go and see what happens I guess !