planning permissions & consequences?

[josh1e]

Hi,

we had local council round last few days, they've knocked around most of the street asking questions, they also wanted to inspect our neighbours 2 story extension, conservatory & some brick outbuildings.

they said they concerned no permission ever sought / given, also several breaches they can see straight away, like built on our land (over boundary, not just on it) also loft conversion which has no permission... loss of natural light to us, toilet overflow plumbed to come out on our patio, one of the walls is leaning & quite severely on the p*ss...

they think it may have poor foundations & have structurally affected our property, as well as other possible breaches under electrical regs, etc etc.

can anyone tell me in this situation what the council can do? what would be expected of the owner? the council asked if we knew when the work was done, why would that matter? if it's built over the boundary does that mean it has to come down?

Most of the outbuildings have exposed beams, exposed insulation & nails / screws sticking out into our garden where his fence "should" be. they also took concern over this although but again didn't tell us much..

obviously we're concerned about damage to our home, any mess from work that's going to need doing & danger for us & our kids.

anyone have any ideas? they said they noticed it on an aerial survey? amazing what they can pick up eh?

thanks

 

[ifatfirst]

Look up:

a) Regularisation of unauthorised work under building regulations;

b) Retrospective planning permission;

Then:

c) Arrange meeting with Council planning officer and building regulation's officer to discuss their concerns, the impact of their findings on you and ask their advice about what you should do;

d) Be prepared to keep your eyes open for an application for retrospective planning permission;

e) If a retrospective planning application is made then find out the name of the planning officer responsible and the final date for objections. Ensure you put your objections in in good time, in writing with photographs if possible, (keep a copy) deliver it in person to the planning office and obtain a signed, dated receipt to prove that you've lodged an objection.

d) Well before the closing date, telephone the planning officer to confirm your objection has been received by him/her and recorded and included on the file. Ask for a further meeting to discuss your objections.

 

[andyandy2]

When was the extenion built, I'm surprised that you have not done something about this before, if you were resident at the time it was built, why did you let them get away with it, (nails and screws sticking out overflow on to patio, and the fact it is actually built on your property)
Maybe one way round it, would be to sell them a strip of land (if thats possible, don't know the layout) but obviously you would need to confirm the extension is struturally sound and not a problem to your property

 

[^woody^]

Firstly, why is this only an issue to you now that the council has knocked your door? Surely you were aware of the work going on, the implications for the property boundary and damage/disruption to your property, so why have you not complained previously?

What officer visited - one from planning or building control? If its its a planning officer, then he can not comment on building control matters and vice versa, and making such comments can result in a justifiable complaint against them.

Anyway damage to you home has nothing to do with the council. It is a civil matter between you and your neighbour, and if the council is wise, it will not make such sweeping comments.

Councils update aerial images every two or three years, but if they have the time to go through these looking for building work, then I would want to know why my local taxes are being wasted.

No, someone has complained, and they want to investigate to see if planning or building regs are required. If they are, then a retrospective application will be requested.

If the work would have conformed to local planing policy when started, then it will be permitted. If it meets the building regulations in force at the time started then any regularisation application will be approved

 

[kevindgas]

I agree with woody this is as a result of 1 of your neighbours complaining

 

[josh1e]

Hi,

thanks for the replies & advice.

we have only just moved into the property, we don't own it, a local housing association does. therefore we werent here when the work was done.

a complaint? not what the guy said, but possibly from the HA if they did an inspection prior to us moving in?

i'll look up those regs after i've posted this - thanks.

the bloke who came out first was building control, although we have since had other people from the council out, like pollution control, planning enforcement officers etc.

i've only asked for advice on here because the council blokes who've been round have said it will have an impact on us / is dangerous. it isn't JUST an issue for us NOW.

thanks for the help.

 

[kevindgas]

a complaint? not what the guy said, but possibly from the HA if they did an inspection prior to us moving in?

they will deny it but be assured this is the only reason they have acted

 

[jeds]

How old do these extensions look? If they have been there more than 4 years there's probably not a lot the council can do about it. If it's more than 12 months old building control probably won't pursue it either - unless it can be classes as a dangerous building.

 

[^woody^]

Why haven't the council gained access to the property in question? They have powers to do so if it is as bad as they say.

If you let them into your property at this stage, then wont the neighbour think that you are instigating all this?

Have you spoken with the neighbours, to see what's going on and let them know that the council have requested access? It might be worth doing so, especially if some work is going to be required from your side of the boundary.

I would also be careful what you say to the council as you could be very easily drawn into this with statements and complaints etc, which will develop into ill feeling and a dispute.

You should take some advice from your housing association, as it is their property and therefore their job to deal with issues like this