Retrospective Planning needed or not?

[pimpdaddydog123]

Back in 2018 I built a summerhouse, at the time the boundary of my property wasn’t clearly defined but I’m prepared to accept that I built it less than two meters from the boundary.

Back in April of this year I had a card out through my letterbox from the local planning department, I called the number and was told that somebody had complained about the build.

I emailed the planning office with proof that the building was erected in 2018 but they say I have to apply for planning retrospectively.

My understanding is that they can’t enforce it because the building is more than 4 years old.

I don’t mind paying the fee and applying in principal but I’m doing so am I leaving myself open to having to remove the building if the application fails?

Should I just quote the four year rule instead?

Thanks guys!!

 

[freddiemercurystwin]

Ignore it, quote the four year rule if you really want to respond.

 

[mrrusty]

Agree do nothing, advise it was built in 2018 and wait for an enforcement notice that will probably never come.

And keep up your sleeve that as far as you are concerned it is more than 2m from the boundary - let them prove you wrong. I have an interesting situation myself because I would not have much trouble (via various old plans and the developers own topographical survey) showing the official boundary is 1m the other side of the fence between us and neighbour. There used to be a huge hedge, and the developer asked if he could take it down and build a nice new fence. We agreed a line which helped him, and I wasn't bothered it was probably 1m in his favour because we got a very smart new fence, but if the neighbours ever complained about my garden room......

 

[blup]

I think they recently changed the four year rule to ten if used as a house, but if not then still 4 years afaik

 

[pimpdaddydog123]

Thanks for all the replies!

I've done a bit of research and it seems they cannot enforce any lack of planning on the building as long as I can prove that the building is over 4 years old. Luckily I took a lot of pictures during the build and also have invoices for materials which show it was built in 2018.

The thing is they already know all this so I don't understand why they are persuing it!

 

[Mottie]

Thanks for all the replies!

I've done a bit of research and it seems they cannot enforce any lack of planning on the building as long as I can prove that the building is over 4 years old. Luckily I took a lot of pictures during the build and also have invoices for materials which show it was built in 2018.

The thing is they already know all this so I don't understand why they are persuing it!

They're just chancing their arm and hoping you’ll comply.

 

[freddiemercurystwin]

I think they recently changed the four year rule to ten if used as a house, but if not then still 4 years afaik

No it's still four years for anything built before 25 April 2024.

 

[pimpdaddydog123]

A quick update.

The planning department have emailed me and have said that the pictures I previously sent them don't show the entire building but they agreed that they wont enforce any planning action if I can show them that it was in fact complete.

Luckily I do have pictures so I'll sned them to the planners and hopefully that will be the end of it!

 

[blup]

Thanks for all the replies!

I've done a bit of research and it seems they cannot enforce any lack of planning on the building as long as I can prove that the building is over 4 years old. Luckily I took a lot of pictures during the build and also have invoices for materials which show it was built in 2018.

The thing is they already know all this so I don't understand why they are persuing it!

LDC's were brought in because enforcement expires after 4 years. It provides more than immunity from enforcement action, its the equivalent of a planning permission. It give all parties including the Council the certainty that a piece of paper gives. It might be worth getting if you are selling any time time soon, but there is no legal requirement to do so. Just make sure your evidence is water tight.