Lawful development certificate is now a full application

[DevilDamo]

We (my company) was appointed to deal with the planning and building reg's for their loft conversion.

With my experience of LDC's, I advised we go down the route of obtaining a LDC so no problems arise in the future if the loft conversion is picked up. So I submitted the application along with a cheque and that was that. A couple of weeks later, I received a call from the client advising me the planning officer has been to site and has a few queries. I didn't think anything of it and just waited for the call. Anyway, the planning officer telephoned me and told me the drawings I have provided do not 100% reflect what is on site. A couple of windows and velux's were missing. I therefore revised the drawings and submitted them, thinking no more of it.

A couple of days later, I received another call from the planning officer telling me that my drawings and what is shown on the planning approved drawings is quite different, in the respect of 4no. windows, 2no. juliett balconies, 2no. velux's, an existing swimming pool and an existing pool house. We also had to prove the swimming pool and pool house were present prior to the construction of the new house, etc... The original planning approval contains a condition relating to a particular elevation on the house preventing the insertion of further windows either in the wall or roof plane. The planning officer therefore asked for us to withdraw the LDC and submit a householder application with these changes. The planning officer confirmed that 2no windows, 2no. velux's and 2no. juliett balconies do fall within PD so they're not a major problem. They do however need to be mentioned on our covering letter. So this application really had to deal with 2 other windows that had been installed into a elevation in which the condition relates. So I proceeded, amended the drawings and re-submitted an application. The planning officer said to me we could send a cheque to the sum of £75 to "top up" the existing LDC fee, thus to make £150. I did this and a few days later, we received a call from their registration team telling me that the fee's do not work in this way. I telephoned the planning officer and he said he will sort it.

Anyway, later that day he came back to me and told me that he was wrong and the LDC fee has already been accounted for so we will need to send a cheque in for £150 for the new application. I was not particularly impressed as you can imagine as I had to go back to the client again asking for more money. He also said there were some other problems. I was dreading this. He said that as these "illegal" windows were put in during the construction of the property, we will need to submit a full planning application for the house in its entirety. This would therefore attract a fee of £335, a design and access statement and other documents. I queried the need for infrastructure charges and he confirmed that as the three year date is February 2011, no charges will be asked for, unless the application was submitted after that date. As it seems this planning officer changes his mind everytime you speak to him, I asked for him to confirm what is required in an email.

So what has gone from what should have been an easy LDC application has turned into a full blown planning application for a house that already exists, which has been completed since March 2010. The builder who was involved in the construction of the property went bust and obviously made site changes without thinking about the possible planning applications. But it's also a shock to find the clients bought the house and this wasn't picked up (that the house has not been built in accordance with the planning approved drawings). The client asked if any of this would have happened if we didn't submit a LDC but I said... well no at first, but if the works were reported by a neighbour during construction and these problems were picked up then, that would cause major problems on site, which may result in a stop notice being issued. And... by sorting this out now, it saves a lot of time and money in the long run.

The planning officer has mentioned to me that application will not be refused, which could result in the house having to be demolished... that has only been complete since March 2010!!! Oh the joys of the inconsistent planning departments.

 

[andysuter]

I see your point.

But... when would this have been picked up? Building regs is ok as more often than not an inspector makes site visits, but in terms of planning, does anyone ever actually come out and check?


The vendors would have had a set of approved drawings / certs to hand over to the solictor so all appeared well.

Its easy trap to fall into by the looks of it! espcially if the builder gets his full cowboy gear on and goes mad with design changes.

Im betting the original architect was bumped off the project after the drawing approval stage and it was 'project managed' by the householder.

 

[DevilDamo]

But... when would this have been picked up? Building regs is ok as more often than not an inspector makes site visits, but in terms of planning, does anyone ever actually come out and check?

If construction works commenced and a neighbour reported possible unauthorised works due to the planning department, they'd come out and would then pick up on these points then, which would put current works on hold until the original house went through the planning system.

Or when the BCO carries out their first inspection, they "usually" (as I used to do it when I worked for the LA) send a memo to the planning department making them aware that a Building Regulation application has been received and whether or not it did, does or requires planning permission, so it'd get picked up then.

It's best to deal with it now rather than down the line. But of course the client was not expecting any of this.

 

[andysuter]

yes but thats what im saying, unless someone actually comes out specifically to check that its beingbuilt in accordance with the approved 'planning' drawings, it would never get picked up.

Building regs is checked al the way through as we know but planning doesnt seem to have any checks imposed unless someone complains. (ive even had some nosy neighbour measuring a 7m high signage post on a supermarket I did to make sure it was the 'approved' hieght!)

Totally agree its best to get it sorted retrospectively, which has turned out to be a nightmare for you but thats the problem with the system i think.