Planning Permission with Conditions query

[DAZB]

Does any one know the rules regarding Planning and any possible Enforcement action if Conditions attached to the granting of the Planning Permission are not adhered to ? In short, a property received Planning Permission with a Condition attached that the property shall not be inhabited until the existing large dormers are removed and changed for much smaller 'sentry box' style dormers ? The dormers have not been changed and the property is now inhabited by a tenant and I was wondering if there is a time frame by which any imposed Conditions would expire and the property could be left as it is with the large dormers ?

 

[freddiemercurystwin]

No the conditions will not conveniently go away or expire. Whether your council would ever actually bother taking any meaningful action is probably unlikely. Have you built an eyesore?

 

[tony1851]

Would the four-year rule not apply? Just wondering.

 

[freddiemercurystwin]

Maybe, the conditions will still remain and the works remain illegal.

 

[^woody^]

A planning permission is not deemed to be enacted unless conditions have been met - ie the development remains unlawful.

 

[geraldthehamster]

Would the four-year rule not apply? Just wondering.

http://www.planning-applications.co.uk/enforcement1b.htm

"the ten-year immunity rule applies to breaches of planning conditions"


Cheers
Richard

 

[tony1851]

Would the four-year rule not apply? Just wondering.

http://www.planning-applications.co.uk/enforcement1b.htm

"the ten-year immunity rule applies to breaches of planning conditions"


Cheers
Richard

But it says in that document that breach of planning conditions relating to a single dwellinghouse are not enforceable after 4 years

 

[Inky Pete]

It says 4 years without challenge.

So it's only necessary to challenge the development (write a letter) within the 4 years for the development to be permanently illegal and the owner to be permanently unable to sell it.

The challenge does not have to come from the council, it could come in the form of a neighbour objecting to the council in writing and copying the owner. That way the owner would never be able to prove that they'd gone 4 years unchallenged.

 

[freddiemercurystwin]

the owner to be permanently unable to sell it.

Eh?

 

[tony1851]

The challenge does not have to come from the council, it could come in the form of a neighbour objecting to the council in writing and copying the owner. That way the owner would never be able to prove that they'd gone 4 years unchallenged.

The idea that someone can challenge a development with a letter and then that development becomes permanently open to enforcement is ridiculous.

Only a local authority can initiate enforcement proceedings, and these have to be brought within 4/10 years. Even the service of a planning contravention notice on an owner by a LPA is not regarded as 'initiating legal proceedings'.

Agreed that after 4/10 years, such development does not suddenly become lawful, but the fact that the LPA can take no action amounts to pretty much the same thing.

 

[geraldthehamster]

Would the four-year rule not apply? Just wondering.

http://www.planning-applications.co.uk/enforcement1b.htm

"the ten-year immunity rule applies to breaches of planning conditions"


Cheers
Richard

But it says in that document that breach of planning conditions relating to a single dwellinghouse are not enforceable after 4 years

"4 years for breaches relating to the use as a single dwellinghouse" is what it says. Clearer here perhaps:

http://www.planningportal.gov.uk/up...ance_note-lawful_development_certificates.pdf

"four years for the change of use of a building, or part of a building, to use as a single dwelling house"

The case in question doesn't concern change of use to use as a single dwelling house, it concerns breach of planning conditions relating to something that was already a dwelling house, so I think the ten year rule applies.

Cheers
Richard

 

[^woody^]

The challenge does not have to come from the council, it could come in the form of a neighbour objecting to the council in writing

The public do not enforce planning law.

 

[Inky Pete]

No, but they can complain to their planning authority, and make the owner aware that such a complaint has been made. Then the owner cannot claim to have received no challenge to his breach of planning permission in the four years.

He would also have to declare such a complaint on selling the property, which in turn would make the potential purchaser aware that the property had been built or extended in breach of its planning permission.

Kiss goodbye to the sale at that point.

 

[^woody^]

They can also complain to the council that there are too many daffodils growing in the herbaceous border.

 

[tony1851]

He would also have to declare such a complaint on selling the property,

No, he would not. You don't seem to grasp the fact that only a local authority can initiate enforcement proceedings.

It doesn't matter how many letters neighbours write to the council, even if the errant owner is aware of them. He does not have to tell any potential buyer that X,Y and Z have complained to the council.

The only thing he would have to declare in this matter is whether or not there is any FORMAL notice pending which would legally affect the property. An enforcement notice would, of course, affect it; twenty letters from disgruntled neighbours, plus complaints to the local papers and councillors, M.P. etc, would not.