Planning Query

[Bishee1999]

Hi Tony

Thanks for the info Tony

What annoys me is this info should have been given to me by the Planning department in question

 

[Bishee1999]

just to giv you a update on the issue.

got a letter b4 christmas by the enforcement officer demanding to demolish within 28 days or inform him in writing what I'm going to do.

I ignored the letter to see what happens.

at the moment i am abroad until 14 february. i got a call last night from my son saying a letter has arrived demanding to demolish in 7 days.

Iv asked my son to email the letter to me so ill clarify when received.

Im really worried now because the work is nearly finished and hopefully will call in private building inspector for final inspection to sign off.

just for information what is the procedure. do i write in that want to appeal to their decision.

 

[Architexeter]

Hi

So she got fed up and decided to apply for a 4 meters extension start of June 2013.

Was this approved?

I'm not sure ignoring the enforcement officer is going to helpat all, I would respond and acknowledge and explain that you basically informally undertook the neighbour consultation scheme. Don't do what they are telling you to do.

Keep talking with then as they jsut want it all wrapped up and case closed but how this is done is up to you, not them.

I have no experience with appealing enforcement action so cannot comment but if you do go back with a new planning app:

Depending on the answer to the above question I think I would get onto my ward councillor to get it to committee if possible and if they think they can help, apply retrospectively for what you have built ensuring it does fall with the enlarged PD regulations.

At committee lay it on thick with the required need, perhaps get your mother to speak, give it a personal aspect not a policy one, but expalin that you misunderstood the new regulations.

If this is ultimately refused then appeal with a clear explanation that it falls within the relaxed PD regulaitions

 

[tony1851]

First of all, they can not just demand that you demolish it within x days,
or demand to know what you propose doing about it.

This is assuming you have not been served with an Enforcement Notice (you need to check back with your son to make sure that he has read it to you properly).

Write to them again explaining that it was an oversight, and that the neighbour has not objected. Point out that in this case, it would have been p.d. under the Prior Notification procedure.

If this fails and you do get an E.N., you must act quickly to lodge an appeal (28 days) failing which the Notice takes effect.
In the appeal, you then have the opportunity to argue your case, and it may be adviseable to retain a panning consultant to help with this.

 

[Bishee1999]

please see below the letter sent to me by my son

I refer to the above development and my letter date 18 October 2013.
In my letter I indicated that you should demolish the unauthorised extension within 28 days of the date of this letter, and confirm your intention to follow this course of action by writing to me within 7 days of the date of this letter.
I have not received any communication from you to confirm that the unauthorised extension will be demolished. As such, I will visit the property, if at that time I find that the extension has not been demolished it is likely that the Council will instigate formal planning enforcement action
the form of a Planning Enforcement Notice.
I am obliged to tell you that the issue of such a notice is registered as a charge on the Council's register.

 

[tony1851]

Clearly that's not the Enforcement Notice, so try writing back in the hope that they have second thoughts.

 

[geraldthehamster]

Clearly that's not the Enforcement Notice, so try writing back in the hope that they have second thoughts.

Tony, would you read anything into the fact that the council has sent a blustering letter, rather than an enforcement notice?

Cheers
Richard

 

[designplus]

You mentioned your mother is renting a property. You did not say what type of property. I assume this is a house and not a leasehold flat say.

Permitted development rights only apply to householders. Assuming this is the case, then it seems to me that the Council has no option but to do something to normalise the situation, although obviously they would be reluctant to proceed down the enforcement route.

My impression is that you should apply for planning permission. If the size of the extension would have qualified under the neighbourhood consultation scheme then it would be unreasonable to have it refused. If it were refused, then by the same logic, it would be unreasonable not to be overturned on appeal.

You may just ignore it, as some say, and wait to see what happens. The council will be forced to issue enforcement and you will need to appeal against it. The best outcome would be asking you to apply for planning permission. If the council does nothing, unlikely as they can't just forget about it, you still have an unauthorised structure which may come to haunt you in the future.