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Plans from 2011 extension show an old extension being demolished but it never was!

Discussion in 'Building Regulations and Planning Permission' started by steveinoz01, 14 Apr 2016.

  1. steveinoz01

    steveinoz01

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    Hi All

    Just been looking at the plans of the most recent extension on my house that was done by the previous owner. They submitted a plan in 2010 to add a second storey which included knocking down a 3m x 4m front single-storey extension effectively reducing the floor space downstairs. This plan failed, I think because they did not agree to a bat survey in time (not sure on this exact point). They submitted new plans with the required bat surveys 6 months later but on these plans the downstairs extension was removed from the side profiles but still present on the proposed floor plan. The planning officer still made reference to the earlier planning application and also to the single storey extension being knocked down which made the second storey more acceptable.

    Planning was approved in 2011 and think the building was completed in 2012.

    It all looks a bit dodgy to me!

    The questions are -
    1) Assuming the front extension should have been removed does the 4 year rule apply? As I understand it, if the building goes unnoticed for 4 years then it stays.
    2) If the 4 year rule applies is this from date of issue of the building regs completion certificate?

    I plan to make some changes under increased PD rules but don't want to have planning sniffing around if there is a potential issue.

    Thanks.
     
  2. wessex101

    wessex101

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    Unless they included the demolition of the extension as a condition on the planning permission then it is 10 years for enforcement.

    Are you sure you've still got any permitted development options left?
     
  3. tony1851

    tony1851

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    Four years, surely??Just wondering.
     
  4. jeds

    jeds

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    Was there a condition to remove it? If not I can't see how they could force you to. You could just say I haven't got to that stage yet but I hope to get to it in the next 25 years.
     
  5. steveinoz01

    steveinoz01

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    I haven't seen any conditions stating the front extension had to be removed but will double check.

    PD rights are in tact as far as I can tell so we are looking at replacing conservatory with a bigger more useful room.

    So do you think it's -
    - 4 years to enforce
    - 10 years to enforce
    - Can't enforce as not a condition of the approved planning application in 2011
    ??

    Thanks.
     
  6. jeds

    jeds

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    There's no such thing as enforcement to complete a planning permission. It would need a specific condition and a method/time scale for discharge/compliance. That would need to have been included at the approval stage. There's no mechanism for adding it later.
     
  7. wessex101

    wessex101

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    Was there a condition that the work must be in accordance with the approved plans?
     
  8. steveinoz01

    steveinoz01

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    I have now studied the planning applications in full and better understand what happened.

    The original plans in 2010 showed the second storey extension and the removal of the small single storey extension at the front. The planning department accepted this plan but the applicant failed to provide proof there where no bats in the roof so it was refused on that basis.

    In 2011 a new planning application was submitted with a bat report. The planning officer report states 'the application has been resubmitted with the same proposal but with a bat report' and then goes on to say 'I attach the same appraisal from the pervious application'. The previous appraisal approved the plans and states the removal of the single storey extension means the overall volume will be little changed.

    What the officer failed to notice was that the new application no longer included the removal of the single storey extension as it is clearly shown on the drawings (my original post was incorrect as I stated one drawing was missing the single storey extension but this was in fact done to show a part of the building that this part of the building was obscuring). The applicant had submitted revised drawings and the bat survey.

    Planning was granted on these drawings so it seems the planning officer assumed the drawings were unchanged and did not look at them. The reference numbers on the accepted plans match the ones that have the single storey extension still in place so the current building matches the plans submitted and accepted as per the approved application.

    It looks like the planning officer made a mistake and the applicant got away with it. I think that means the extension not being removed is acceptable as it was on the plans they approved. Would you agree?
     
    Last edited: 15 Apr 2016
  9. wessex101

    wessex101

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    Result. Public 1 Planners 0

    They really are quite dim sometimes.
     
  10. steveinoz01

    steveinoz01

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    It is nice to be on the winning side :). Now I can crack on with my PD plans without worrying about them asking me to take the front extension down first!

    It also answers a question I had in an earlier post where I was not sure where the front of the house was in the eyes of the planning department. The plans they accepted in 2011 refer to the disappearing/reappearing extension as the 'front elevation extension' twice so I now have confirmation that they see the front as the same elevation as me.
     
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