Planning Query

[Bishee1999]

Hi

Im in a bit of a pickle and i hope if anybody can help.

My mother is privately renting a property and she is getting on a bit and has severe arthritis. So she decided to have a single story kitchen extension built with end disabled bathroom funded by herself.
She applied 3 times for planning approval, first 6m and then 5 metes and 5 meters again with supporting medical documents but was refused every time.

So she got fed up and decided to apply for a 4 meters extension start of June 2013. I went on to planning portal and at the end of May new legislation came into effect you can build up to 6 meters extension without planning approval subject to neighbor consultation scheme. We have both written consents form neighbors.
Now! appointed a private inspector walls are up roof is complete and now received a letter from planning department (enforcement officer) that such permission was not granted and and should demolish the extension within 28 days. Spoke to the enforcement officer and advised that before the built i should have filled a form in and we send out letters to the neighbors (which is free) but now since the work has started i need to make a full planning application and moire than likely i will be refused permission.

Pleas can anyone advice me i am worried that i need to demolish the extension

 

[freddiemercurystwin]

So, just for clarity, you didn’t go through the Local Authority Neighbourhood Consultation Scheme? Instead you spoke (or wrote) to your neighbours direct and they wrote back to you saying they didn’t have a problem?

 

[Bishee1999]

No i did not go down the neighbor scheme because i wasn't aware i needed to.

I assumed you just appoint a building inspector and away you go.

If i was aware of it i would have done it would not have cost me anything

 

[tony1851]

Unfortunately, the prior notification scheme can not be applied retropectively, ie to an extension already up.

But don't be pushed into anything by the enforcement officer. They can't just demand that you demolish it, but have to go through a set proceedure. Four meters is not a excesive amount, and if the neighbours don't mind (and clearly wouldn't have objected if you went through the notification scheme) then it would make the enforcement officer look pretty bad-minded.

Apply for retrospective p.p. for 4m, let them turn it down, and then do an appeal. But keep those letters from the neighbours in the meantime.

 

[tony1851]

double post

 

[Bishee1999]

Hi Tony

We built a 6 meters extension not 4 meters. That is the new legislation came into effect on 30th may 2013

 

[tony1851]

Sorry, misunderstood.
But you should stiil sit tight and see what the Council comes up with.
If you have to do an appeal against enforcement action, you could argue that the neighbours would not have objected.

 

[Bishee1999]

Thanks Tony.

So you suggestion is submit a planning approval for the extension and see what happens? or sit tight and see what the enforcement officers next step is

 

[jeds]

I'd be inclined to let them serve an enforcement notice, which you would then appeal. Tell the planners it was a genuine mistake but it's left you in a bit of a corner and with no real option. You can't invoke the PD procedure - too late! There's no point applying for retrospective - since they've told you it will fail. So your only option really is to go to appeal. If you had followed the procedure correctly your extension would now fall within PD. So this isn't a matter of the building it's just a procedural technicality. I would think an inspector would have to be having a bad day not to allow an appeal - and the planners might agree with that and not bother with an enforcement anyway.

 

[tony1851]

As per jeds, really.

(the only reason I suggested making a retrospective app. was that I mistakenly assumed you had built out 4m. But yes, wait and see what they come up with).

 

[Bishee1999]

Thanks for all the replies.

Feel a bit better now

Il sit and wait and see what happens. Will update.

Thanks again

 

[geraldthehamster]

Thanks for all the replies.

Feel a bit better now

Il sit and wait and see what happens. Will update.

Thanks again

It seems to me that if they insisted the extension were demolished, and it were, an application could then be made under the neighbourhood consultation scheme, and it could be put back again. Nobody could afford to do this, but it shows the system is a mess.

I thought councils were obliged to consider whether the development would have been granted permission, when deciding whether to take enforcement action. This one might not have got PP but would have been allowed in any case. Enforcement seems a little unreasonable.

There's supposed to be a public interest test as well.

Cheers
Richard

 

[zarrahtracey]

Just to add my opinion here, I guess you just missed some sort of legal matters. This is certainly for your well-being especially to your mother who needs it more. I think you are now informed to organize your plan base on building permit and other legal documents.

 

[Bishee1999]

Update:

I have written to the enforcement officer that i will not be demolishing the extension and i have apologized for for the inconvenience caused by this process. So il see what they will come back with.

I have another similar project in the pipeline. so i decided to got to the local planning department to to acquire a neighbor consultation scheme application form. Guess what! no one new what im talking about and after 20 minutes of messing around they gave me a pre advice application form which is the incorrect form. Clearly to my advantage noted for the appeal (if it gets to that stage). Got home rang the same enforcement officer explained of the situation what had gone on and he said that we had only done a couple of these applications so i will get come one to call you. No phone call yet.
What a Joke!

I had to ring a different city council who guided me through the planning portal for the correct form

 

[tony1851]

Update:



I had to ring a different city council who guided me through the planning portal for the correct form

You don't have to use a form. All you need to do is confirm in writing your name and address, the addresses of the neighbours, and the maximum height, eaves height, and distance out of your proposed extension.
You also have to include a site plan, showing the position of the extension. This only need be a small sketch - it doesn't have to be especially neat, or to any particular scale. You don't have to buy one of the OS 1:1250 plans, for example.