Timescale for planning enforcement

[red1703]

Hoping someone may be able to advise.

We had a loft conversion done on our property in 2012 believing it to be under permitted development.
In March 2014 we were visited by a planning enforcement officer who told us that due to the style of our property, it was considered a flat and not a house and therefore did not have PD rights.
We had further discussions with the council and put forward our case that it was a house, but they did not seem willing to listen
The last contact we had with them was back in May and we have heard nothing since.
I'm not keen to pursue them, but our lives are currently on hold as if they serve an enforcement notice for us to remove the conversion then it will have a huge financial impact to us.
Any thoughts from people as to what our next move should be.
Thanks in advance

 

[freddiemercurystwin]

If its a flat why did you think it was a house?

 

[tony1851]

Well, is it a house or a flat??

 

[red1703]

The property is a 'coach house, design with the majority of the living accommodation on the first floor. We then have car ports on the ground floor
The land registry states it is a house, but it turns out that the original planning consent when it was built designated it as an apartment ....

 

[freddiemercurystwin]

Ahh makes sense, yes gotta agree that ain't a a house when you have communal parking below.

Are you looking to sell anytime soon? If not there's is little you can do other than sit tight. As you have mentioned it may be foolhardy to go prodding. I would have thought they would invite you to make a retrospective planning application before any enforcement was issued.

 

[red1703]

The car ports underneath are ours and not communal, we also own the property freehold.
With regards to a retrospective application, we discussed this but we're advised that it would not be approved in its current state as it was too large.

 

[Bahco]

I seem to remember that there is a 4 yr rule whereas if the extension has been up for 4 years then it is allowed to stand.

I do not know much about this though but worth looking into.

Anyone else heard of this?

 

[freddiemercurystwin]

Yes the 4 year rule is roughly that but the OP is not out of the 4 years yet.

 

[tony1851]

If you are convinced it is a house and can prove it if needs be, and your conversion falls within all the parameters listed in Part B of the p.d. rules, and you are not in Article 1(5) land or listed, then there is no problem.

If you last heard from them in May, chances are it won't go any further.