Lawful Development Certificate now needs full planning

[Prorsum]

Hi everyone. I had an interesting visit to our building site on Friday 13th !! from our local enforcement officer. I have a detached property, chalet bungalow style with a very high ridge height. Via permitted development I applied for 2 certificates to extend the rear of the property full height 1m and then single storey for another 2m. There was then a single storey extension to both sides of the property with pitched roofs and also a new porch on the front of the property.......Then there was a loft conversion creating a 3rd floor.

I received 2 LDC's for the work. Once work commenced we found the roof tiles to contain asbestos and all the roof timbers would need replacing due to contamination but also engineering. We sent all the building regs in prior to the commencement of the work for the new roof timbers and this was all approved.

So once you take off the roof and replace on a chalet bungalow and extend at the rear, sides and front as indicated in our very original plans there was only a very small amount of the original wall left in the building.

The old house was made from single 9inch wall and on one of the building inspectors visitis my builder suggested we replace these with new cavity walls to match the rest of the walls. The building inspector agreed and was happy for these to be built up of off the old foundations.

....... So on Friday we receive a visit on site from the local enforcement officer, all very friendly but saying that now we will need to apply for full planning permission as there is very little left of the old house. At the time of her visit 1 original wall was standing approx. 3 m wide and she told the builder he may as well take that down as well as it was in his way, which it was- which he did.

Before I received the LDC certificates I had applied for a couple of other full planning applications on the property which got turned down due to a neighbours oppositions. The neighbour managed to get both applications to go to the planning committee where i think a friendship somehow existed - no real proof here but both times the plans were recommended for approval by the planning officer but were turned down by committee and the decisions decided before we even got into the room.

So I am now really worried, what if I apply for full planning on the building exactly as the ldc's have given permission for and it ends up going to the Committee again I do not think they will approve the application because as a new build there are so many things they could pick up on which do not agree with their current guidelines plus the neighbour's objections which I am sure would come.

I am due to meet with the planning officer next week- (They do not know yet that the building officer (DS) was informed about the rebuilding of the old walls with new materials and agreed with the builder) and I would like any help with where I actually stand.

Do I have to apply for full planning now? If i do and the plans exactly match the LDC certificate applications can they refuse permission?

Do I have to stopp building? I am now up to 1st floor level and one of my children starts school in the area in Sept so ideally I want to push on but need to know what the risks are?

What can the enforcement officer do? Is there any case law relating to this? I just want to be armed with as much ammo for when I meet with the planners.

Sorry to go on for so long but I thought all the history important and thank you in advance for any help.

P

 

[jeds]

If you were to rebuild the house exactly as it was and then add the approved extensions why would you think a planning application would be refused.

 

[Prorsum]

Hi Jeds thanks for responding. From my initial conversion with the enforcement officer she is saying that as all the original house has now gone even though i am rebuilding the walls where they once stood I need to apply for full planning for a new dwelling as the LDC does not cover removing the old walls and replacing. So My worry is that the New dwelling application will have to meet all the current local and regional guidelines and I think the design which we have ldc approval for will not do this as the plot is quite small and the appealed failed due to impact on the road scene.

Will they have to consider what has already been approved under the LDC's.

Is the enforcement officer right - can I not rebuild the walls?

What can they do - There is a theory that they can only make me put it back as it was?

Thanks again for responding, really appreciated.

P

 

[jeds]

No you can't rebuild walls bit by bit. That would be tantanount to a new dwelling. My advice is apply to rebuild as existing on the grounds of the house requiring major repair. It will need to be upgraded to current standards but you would have needed to do that for the amount of work you are carrying out anyway.

The only other option you have is to let the planners issue an enforcement notice. There is a chance they won't do so but only if the house you are rebuilding is exactly the same as the original. You could then either appeal the notice or submit an application at that stage.