Planning Enforcement

[po0041]

A close friend of mine has recently lost an appeal against the local authority's decision to insist that alterations are carried out to reduce the size of his loft conversion (the conversion has been built approx 2 feet too long). The Council have given him 6 months to put right.

One option is to work with the builder to put it right but if he were to simply ignore the Council what is the likely outcome?

 

[joe-90]

He'll lose the court case and get a hefty legal bill.

 

[^woody^]

No, he would not necessarily lose.

If it went to court, then the Judge would assess all the merits and decide. Now, 2ft is not a lot, but if it was out of proportion with whatever else is there, or if it was causing significant problems to adjacent properties or the view from the street in general, then a Judge may agree that it should be removed.

Search a previous post of mine in relation to when a LA should take enforcement action - it must be in the 'public interest' for them to do so

 

[Richard C]

You pay’s your money & take your choice but he may end up paying the money. Some planning enforcements teeter on the ridiculous & if he can afford the legal costs then I would say sod it, try & do me in for 2ft then; but he should make sure his neighbours will support him --- & he will still probably loose!

 

[po0041]

Thanks for the advice.
The Council became involved when a neighbour to the rear of the property (which is being overlooked by the dormer extension) complained. You cannot see the dormer from the road.
The Council upheld it's original decision and this was supported by an officer from the Assembly for Wales.
Trying to take an impartial view, if the dormer was reduced by 2 feet then I cannot see what difference it would make to this 'neighbour'. I accept that my mate (or his builder) are wrong but it seems rather unreasonable for the Council to go to this extent over a relatively small domestic extension.

 

[Diyisfun]

Rules are Rules, Regulations are Regulations.

If they are not enforced there is no point in having them. Whilst they may appear to be petty, where do you draw the line.
An example
My neighbour got planning permission for off street parking (1 CAR) he now parks 2, PLUS, he can also park along the dropped kerb, so that makes 3 places.
Hope you see where I am coming from

 

[joe-90]

Nah! The cars are in the way.