Planning for outbuilding granted

[Paul Maddox]

Hi, what do you think the best way to deal with a planning problem... I had a planning inforcment person turn up asking to make sure building was not too high (neighbored had complained)It was measured and all was ok. But they noticed the plan was not same as building. The buliding was in fact smaller than grated planning (1meter shorter )and have to submit new plan. I understand that things must match but being smaller did not consider it would be an issue. They say they can not tell me what sort of plans I should submit or if indeed it’s likley to pass. Any advice will be great. Thank Paul

 

[Notch7]

I wonder what happens if you are 'planning to extend it the extra 1 metre'.......

That would seem to me you are currently still building it.

Im not sure I would want to reapply, I cant see how they can force you to do anything -unless you have built in a different position.

If you reapply your neighbour is certain to complain.

 

[Paul Maddox]

Hi, Do you think you can do that say I have just it finished yet... don’t want to cause more problems lol and yes still in same place I should be.

 

[tony1851]

In a polite way tell the enforcement officer to eff-off, and don't send a plan in. For all they know, you could build the extra meter in a few years time - once you have started work, you can take as long as you want to complete it.
They are only after an application fee and would never take enforcement action on something which is smaller than intended.
Has this actually been through the formal planning application process, or is it a permitted development job?

 

[Paul Maddox]

Yes have full planning permission. All granted. I never thought I would be made to put new plans in or forced to make it bigger to match plans.

 

[mrrusty]

I would just sit on your hands and do absolutely nothing. As others have said, no way are they going to try and enforce non compliance for a smaller building, when you could still extend to the passed plans.

 

[tony1851]

If you have been granted planning permission, there will be a number of conditions. The first condition will state that the work must be begun within three years of the permission. However, once started, there is no limit to how long you take to complete the building. This is something many householders are unaware of.
You can state that you will build just - say - 80% of the work, and then complete the building in accordance with the plans once you have obtained the necessary funds.
I smell a rat, so don't be pushed into submitting another application. Councils are supposed to be hard pressed for staff and resources, so they should not be requiring another - completely unnecessary - application from you.

 

[Leofric]

Just asking, but why didn't you just build it as the approved plans , or submit plans as you wanted to build it ?

 

[Paul Maddox]

Hi, thanks for advice. Made it smaller as issue with ground not stable too close to LEB sub station at bottom of garden. Garden much higher than there electricity stuff , so decided to keep away. But I could still do it if I had too. Thanks all.

 

[DIYhard]

You can state that you will build just - say - 80% of the work, and then complete the building in accordance with the plans once you have obtained the necessary funds.

This sounds entirely sensible and logical, but I was told (a long time ago, in relation to a Scottish property) that whenever Building Control approval was needed, it would be illegal to occupy or use that building until a Completion Certificate had been issued. Is this still the case? (Or for that matter, was it ever true?)

 

[^woody^]

it would be illegal to occupy or use that building until a Completion Certificate had been issued

Yes it is [sort of] correct. It's a breach of building regulations, but not illegal - ie it can be remedied with no legal action or penalty.

 

[^woody^]

Hi, thanks for advice. Made it smaller as issue with ground not stable too close to LEB sub station at bottom of garden. Garden much higher than there electricity stuff , so decided to keep away. But I could still do it if I had too. Thanks all.

Whilst a technical breach (no building in accordance with approved plans) no planner will be able to enforce such a minor breach.

 

[Leofric]

Houses can be occupied before a completion certificate is issued. We had been living in our house a few years before the completion certificate was issued by the local authority building control department. The housebuilder accepted various snagging items had to be rectified and these were dealt with throughout the defects liability period.
As regards planning , it might depend what the smaller extension looks like whether the planners find it acceptable. It might look out of proportion for example . Buildings are supposed to be in accordance with the approved plans, and that includes the size. As the planners are already aware of the situation you could always try explaining why you have built it to a smaller size, they might take a sympathetic view.

 

[mrrusty]

they might take a sympathetic view.

and they might not. Go back to what I suggested before - sit on your hands and do nothing - you have PP - what are they going to do?

 

[Leofric]

Good to see people are convinced the planners would not serve an enforcement notice.