Height of rear extension
- Thread starter Star29
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just got a call from the council saying the letter will be with us by the end of the week. then received another call saying that they want another visit with the enforcement guy and his boss. should i be worried or that they dont have enough information for my case.
i should prepare my case points for his manager so hopefully we dont have to appeal.
thoughts?
i should prepare my case points for his manager so hopefully we dont have to appeal.
thoughts?
Probably means the guy went to his boss to sign off the enforcement and his boss realised the guy was being daft trying to enforce something which appears to have been built to the plans they approved after a site visit!
Good point. Guidelines state that LPAs are not supposed to take enforcement action lightly. Hopefully they may be having second thoughts.
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Acton should only be taken where it is "expedient". In your case you seem to have built in accordance to plans with the small deviation that your extension is about one course of bricks higher.
That shouldn't be expedient at all.
I think this sounds like good news, and for all their talk you shouldn't worry about things until an enforcement notice turns up. That notice will let you know the issues that they have...
I think you've got a strong position.
That shouldn't be expedient at all.
I think this sounds like good news, and for all their talk you shouldn't worry about things until an enforcement notice turns up. That notice will let you know the issues that they have...
I think you've got a strong position.
Ok meeting happened. His boss was more understanding and could see our point and can see architect plans were rubbishb and shouldn't be accepted. Still some disagreeement on ground level as they were measuring our external wall from neighbours which we dont have access.
At least no enforcement as it stands.
we now have to redraw plans as built and see if they will accept it. Will make an appointment at coucil and get advice on plans.
At least no enforcement as it stands.
we now have to redraw plans as built and see if they will accept it. Will make an appointment at coucil and get advice on plans.
They sound like they may be trying to get you to voluntarily put in a retrospective application for a development that they have already approved.
I'm pretty certain they can't force you to put in a new application without an enforcement notice... But it seems like they can't issue a notice because you've built to your plans (more or less) and more to the point, they approved them.
Just because they shouldn't have accepted the plans given to them doesn't mean they can now go back on their decision now. If they made a mistake in accepting your plans in the first place that's their problem. The fact remains they did accept the plans and they did approve the plans. If they considered the plans to not represent the situation they should have raised this during the application.
From the information you've given, i wouldn't want to be putting in a new application.
I'm pretty certain they can't force you to put in a new application without an enforcement notice... But it seems like they can't issue a notice because you've built to your plans (more or less) and more to the point, they approved them.
Just because they shouldn't have accepted the plans given to them doesn't mean they can now go back on their decision now. If they made a mistake in accepting your plans in the first place that's their problem. The fact remains they did accept the plans and they did approve the plans. If they considered the plans to not represent the situation they should have raised this during the application.
From the information you've given, i wouldn't want to be putting in a new application.
Looking good. FWIW my feeling is that a new application with revised plans would be approved.
It is unlikely they will refuse the second application because what would be the point? If they don't like it now, they won't like it after further consideration. It wouldn't look good on them in any subsequent enforcement action if they'd put you to the trouble and expense of getting new plans drawn, only to turn them down.
I suspect they just want you to sweat a bit and spend money on new plans!
It is unlikely they will refuse the second application because what would be the point? If they don't like it now, they won't like it after further consideration. It wouldn't look good on them in any subsequent enforcement action if they'd put you to the trouble and expense of getting new plans drawn, only to turn them down.
I suspect they just want you to sweat a bit and spend money on new plans!
luis; just seen your post. I see your point and technically you are probably right, though I wonder if the OP digs his heels in, if that might stir them up?
I wondered if OP might prefer to play safe and toe the line a bit; I'd be very surprised if they turned a second application down.
I wondered if OP might prefer to play safe and toe the line a bit; I'd be very surprised if they turned a second application down.
I agree that sometimes it's worth paying friendly with planning and enforcement officers to keep them on your side and more amenable to your cause.
Sometimes I find that some carefully and sternly worded email with evidence in your favour can help you avoid their attention and more to the point make them aware that you have built a car they won't want to face at an appeal.
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