Planning permission - False information from architect

[AhhhDanielsonWaxonWaxoff]

Hi Guys,
Just need some advice or if someone else has been in this situation I could really do with understanding what you did.

Ok, so I just brought a house, a 1920's semi. It has a kitchen and toilet downstairs at the rear of the house. I decided to extend that area to square off the end off the house to open up the kitchen area.

(see image)

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My architect said I didn't need planning permission, I have that in writing.

So i started building, laid the foundation, rearranged foul and surface water and started to put the damp proof membrane down.
I had the build inspector come round and sign the footings and drainage off.
This morning a little letter came through the letter box stating that the building will need planning permission. I called the council and because its 6.4m in length from the rear wall it needs planning. If it was 6m or below it would be ok. 0.4m over!

Has anyone been in this situation? What did you do?

I contacted my architect and he's going to submit all the need documents for planning and I have to pay the fee.

Do I need to report this architect for bad practice?
Do I carry on building?

Any advice would be very much appreciated. Thanks.

Kind regards

Dan.


I'm now going to drink a very large bottle of wine

 

[freddiemercurystwin]

That’s a real rookie error. It looks like he’s assumed it was a side extension rather what it actually is which is a rear extension. I hope the architect isn’t going to charge you a penny for making the application …..

What has he said in his defence. Not that it’s defendable, frankly.

Is he actually a registered architect? If so he must have insurance. Check on the ARB. If he’s not actually an architect then he may not have insurance.

It would be prudent to stop building for now.

Even at 6m it would have required an application using the Neighbour Consultation Scheme.

I would be considering taking legal advice, it may be that your architect is liable if he has given incorrect advice and that he should recompense you for either having to apply for planning permission and/or any costs that may be involved in taking it back to wherever you can achieve planning permission or worse. Don’t go about reporting him just yet.

The rules are pretty clear, Its all here: http://www.planningportal.gov.uk/permission/commonprojects/extensions/ and here: http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf

At least you’ve not lost your sense of humour.

 

[AhhhDanielsonWaxonWaxoff]

Thanks for the reply. I appreciate another point of view. I'm trying not to stress about it, I haven't got much more hair to loose

I had look on the ARB website and he's on there, I won't name and shame him, yet!

When I spoke to him earlier he wasn't apologetic, he just stated that he would make the application, I would have to pay and there shouldn't be any problems with the application.

I didn't try to attack him and point the finger at him because I don't know how much ground I have to stand on (no pun intended), and I still need his help with the application.

His fees where £850 just for the drawing that you've seen, which I have only paid him half as I questioned how he could justify the drawings cost, he hasn't asked for the remainder yet.

Should he be paying for the application?
Should he be worried/concerned.
What, if any penalties would/could he face?
What legal obligations does he now have? For supplying me with false information.

Would the citizens advice bureau be a good starting point? I don't have a lawyer.

Thanks again.

 

[freddiemercurystwin]

Well lets throw this out there, we only have what you have written in your posts to go one, so respectfully, its a bit one sided, but we'll take your comments at face value, for now.

Anyway what exactly did he write, what were your instructions to him? How did you appoint him, did he give you a quote beforehand? Why have you only paid half his fee? Are you doing the building work yourself or do you have a builder doing the work or separate contractors?

I'm surprised he was not apologetic, in fact it's outrageous, I wouldn't pay a penny until there has been more dialogue between you.

In the first instance you should write to him, recorded delivery, and the ARB guidelines are good to follow:

Checklist if complaining directly to an architect
• Check what was said in writing about roles and responsibilities at the
beginning of your project. Check also the terms and conditions of the contract
or agreement that your architect drew up - this may help to settle a dispute
• Put your complaint in writing so that both you and your architect have a record
of your concerns
• Set out the details of your complaint as clearly as you can
• If you have more than one complaint, list them and give them numbers
• Ask who will deal with your complaint, and how long it is likely to take
• Make notes of any meetings that you have, and keep copies of any letters you
send to your architect
• Tell your architect what you would like them to do to settle your complaint (but
please understand that your architect might not be able to do what you ask

Complaining to the ARB is easier said than done, there is a set procedure, have a read here : http://www.arb.org.uk/complaint-making-a-complaint

But before you put pen to paper answer the questions above and we can help advise what and how to write your letter.

 

[AhhhDanielsonWaxonWaxoff]

At the end of the day all I want is the extension built, I want to be proactive rather than reactive.
My main concern is loss of money and future costs, if any. I'm not the fortunate few who are wealthy, I've just brought the house and my first child arrives in one month.

Ok, so to answer your question:
He was recommended by a builder friend.
He did provide a quote.
He hasn't asked/invoiced the remaining 50%.
I've done all the work so far, digging and foundations, damp proofing is being done by a builder but is now put on hold, not complete.
I have an email from him which clearly states in these word;
"Planning Permission not required"

As I'm writing this I have just received an email from him which is the planning permission application which he has submitted to the council, with a reference and a fee which I have to pay (£170).
He put the wrong door number on the application as well, looks although I might not of been the only one who had a drink last night

 

[jeds]

This could go several ways and it all depends on whether the planning application is approved or not. Personally I'd wait for the result and take it from there.

 

[AhhhDanielsonWaxonWaxoff]

Agreed.
After calming down from yesterday and thinking about it rationally. I do think the best option is to pay the fee and see how it plays out.

We'll see how it goes.

Any comments or suggestion are still welcome.
Thanks.


Kind regards.

Dan.

 

[freddiemercurystwin]

In my opinion you should write and highlight the situation, order of events and potential consequences now or maybe just after he's put the application in (and you have a copy of everything), leaving it till after the decision will only help his case if a claim is ever made. If it's well written it needn't make the relationship worse but what's the worse that could happen? He could withdraw it but then you can just wack it in yourself.And he chose that course of action, that would not look good for him, if a claim was ever made. You know it's not uncommon for small claims to be met out of court, he would also need very deep pockets to fight a claim and his insurance premium would rocket if he had to use his PI.

 

[AhhhDanielsonWaxonWaxoff]

Ok, just an update.
I called the council today just to make sure the architect hadn't made any more mistakes with the submission, surprise surprise he hadn't changed all the incorrect addresses on the application and submitted low res pdf images.
I called him and he had spoken to the council and was amending the issues, he gave me the reference so I could also pay for the application which I did immediately. The new documents where submitted after close of business today so I will follow up tomorrow.

A question for you guys, can anyone explain in brief what the application process involves from here on? In short if possible.
Thanks.


Kind regards.

 

[freddiemercurystwin]

They will look at the proposals and check they comply with local planning guidance, they will write to the immediate neighbours so that they may comment, they will ask highways and the local parish council if they have any comments, If the planner assigned to your application is minded to approve it will probably go through. You'll be able to track everything online. That's the very simple gist of it.

 

[Nakajo]

That's easy. Post validation/registration, the Council will put the scheme out for a formal period of neighbour consultation (although comments can actually be submitted at any time up to the decision date). At the end of that period, you will try (daily, and unsuccessfully) to speak with the Case Officer about the status of your application. An objection will arrive from some neighbour you've never met about how your scheme contravenes their human rights. The Case Officer will contact you two days before the determination date about the possibility of arranging a site visit the following day. You will meet. They will make a series of inane and irrelevant comments about amendments you should consider making to the scheme in order to bring into line with policy. You will make said amendments, on the back of which you will likely receive planning consent, with 2 or 3 conditons attached.

 

[freddiemercurystwin]

At the end of that period, you will try (daily, and unsuccessfully) to speak with the Case Officer about the status of your application.

I've not done one planning app in the last couple of years where I couldn't speak with the officer to discuss it in good time and its never been 2 days before decision date. Maybe you and everyone else on here who can't seem to discuss things with planners all go in guns blazing .....

 

[Nakajo]

More likely, things are a little different out in the sticks.

 

[tony1851]

 

[freddiemercurystwin]

More likely you both lack the freddy charm!