Incorrect Planning Drawings

[danr86]

Hi,

I've had a full plans submission approved by the council for a wrap-around ground floor extension for a mid-terrace house. The submission showed the adjacent neighbour's existing extension built to a height of 2.3m and astride the boundary (as per their planning submission ten years ago). However, in reality it turns out their extension is only 2.1m high and sits adjacent to the boundary. My architect is denying he's done anything wrong and I can either build my extension to a height of 2.1m to match the neighbour's or lower the internal floor to get decent head room.
Does anyone have any experience with this sort of issue - if I want the 2.3m height am I ok to go ahead and build to this height or should I submit a non-material amendment to the drawings in case?

Thanks in advance

 

[JP_]

Do you mean the actual structure has been approved, but the drawing showed them same height, but it will really be higher?

 

[danr86]

Yes that's right - it's been approved with the drawings showing both extensions at 2.3m but mine would be 20cm higher than the neighbour's.

 

[paulrockliffe]

Surely it would be more wrong for you to build yours to 2.1m, when your plans show quite clearly it's 2.3m.

I would ask your architect what approach they are going to take with the Council and ask for details of his Professional Indemnity Insurance as you'll need to claim against it in the event that there area issues as a result of his failure to measure and/or draw the existing situation correctly. That should get them engaged with the idea that they need to find the best solution, with best being the one that gets your extension built as approved without the Council causing expense etc.

 

[Nakajo]

I don't understand what prevents you from building to 2.3?

 

[^woody^]

I don't understand what prevents you from building to 2.3?

Because the representation on the drawing (despite the dimensions) is that the new extension will match the height of the existing neighbouring extension, so a planner may have thought "Hmmm, that looks OK I'll approve it". When in reality if the OP built to 2.3m then his extensioin will be higher than the neighbours and so may not have been approved.

 

[^woody^]

There is an onus on any applicant to ensure that the information submitted for approval is accurate and correct. In extreme cases the permission could be withdrawn if that is not the case.

The architect has done something wrong - the plans are wrong and the permsission could be potentially wrong, and he needs to sort it out - which may be either an amendment/clarification or a new application. Anything else would be a risk for the applicant.

 

[JP_]

Maybe a daft question, but are we sure there is not a slope involved? 2.1m seems rather low for a single storey extension, one you put a ceiling in it'll be closer to 1.8m?

 

[danr86]

Yes it's sloped

IMG_20200201_170729

• danr86
• 10 Feb 2020

 

[paulrockliffe]

There's some fun with plumbing been had there!

Have you got issues with the gutter if they're not the same height, or is there a gap between?

 

[danr86]

I think there will be issues either way as the architect had envisaged a shared gutter as the wall was meant to be astride. Any bright ideas are most welcome

 

[^woody^]

Find a better architect. One with a clue preferably.

 

[tony1851]

Is the council going to be bothered about a 200mm difference? On the back of the property?
And surely the planning officer dealing with it would have done the customary site visit and seen the adjacent extension?
I can't see on what grounds the LPA would take enforcement action on this; simply saying the work isn't in strict accordance with the drawings showing next door's isn't reasonable.

 

[danr86]

Is the council going to be bothered about a 200mm difference? On the back of the property?
And surely the planning officer dealing with it would have done the customary site visit and seen the adjacent extension?

No visit was ever done - they were more concerned about the first floor extension as part of the submission

 

[charliegolf]

Don't all pro drawings have a not to scale warning on them? Doesn't it work the other way round- the dimensions are correct, the rest is 'pictorial'?