What happens when planning permission is not followed?

[devsigner]

Hi

I need to find out what happens in the following circumstances:

1. Planning permission is given for a house extension.
2. The extension is built but it's different in quite a few ways from the planning permission:
   1. a brick built store room should have been knocked down before the work started but never was
   2. eaves height is taller by 25%
   3. width is smaller by 10% to 20%
   4. shape - it tapers in width rather than being an oblong
   5. the roof pitch is 22 degrees instead of 30 degrees
   6. a door was put in instead of a window
   7. double doors were put in instead of a single door of the same size.
   8. UPVC doors and windows were used instead of painted wood

To my untutored eye it appears that the permission that was granted was never built.

This appears to be a different building that was done without planning permission and would have required an entirely new planning permission or be pulled down.

it's been 13 years since planning permission was granted and 11 years since the building work was finished.

The extension was occupied for at least 5 years.

Does this mean that the planning permission was never used and has now lapsed?

 

[freddiemercurystwin]

Its all irrelevant now. Once four years has elapsed it all became legal anyway.

 

[bernardgreen]

While the contraventions are now probably immune from enforcement it may be advisable to apply for a Certificate of Lawfull Development. Maybe asked for if you sell the property.

https://ecab.planningportal.co.uk/u...ance_note-lawful_development_certificates.pdf

 

[freddiemercurystwin]

While the contraventions are now probably immune from enforcement

Why do you say probably?

And they become legal not immune.

 

[bernardgreen]

I said "probably" because there are at least two reasons that a certificate may be refused.

""This development becomes immune from enforcement action four years after the operations are substantially completed""
Whether it is substantially completed is open to interpretation and if the planners decide the operations are not substantially completed then the four year period will not have started.

Certificates cannot be issued for developments in conservation areas or those that affect a listed building in any way.

 

[freddiemercurystwin]

As mentioned the works become legal not immune.

 

[bernardgreen]

What is a Lawful Development Certificate?
A Lawful Development Certificate is a legal document stating the lawfulness of past, present or future development. If granted by the local planning authority, the certificate means that enforcement action cannot be carried out to the development referred to in the certificate,
However, the certificate will not protect from enforcement action by the planning authority if the specified use is then changed 'materially' without a planning application for it.

 

[freddiemercurystwin]

It doesn't matter what he built, if its been occupied for four years and no enforcement has ever been taken against him then the works become legal. There is no need for an LDC.

 

[Nakajo]

An LDC would serve no useful purpose in this context, other than swelling (admittedly beleagured) council coffers

 

[tony1851]

What is a Lawful Development Certificate?
A Lawful Development Certificate is a legal document stating the lawfulness of past, present or future development. If granted by the local planning authority, the certificate means that enforcement action cannot be carried out to the development referred to in the certificate,
However, the certificate will not protect from enforcement action by the planning authority if the specified use is then changed 'materially' without a planning application for it.

There would not have been a 'material change of use' in this case, just a deviation from the plans originally approved.

 

[jeds]

It doesn't matter what he built, if its been occupied for four years and no enforcement has ever been taken against him then the works become legal. There is no need for an LDC.

Unless he built it in the middle of a haystack. Your never know.