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What happens when planning permission is not followed?

David Baldwin, modified 7 Years ago.

What happens when planning permission is not followed?

New Member Posts: 4 Join Date: 31/08/16 Recent Posts

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?

Mark Lane, modified 7 Years ago.

RE: What happens when planning permission is not followed?

New Member Posts: 22 Join Date: 20/03/15 Recent Posts

Unless your local authority has initiated planning enforcement action within the appropriate timescale the development would now be immune from planning enforcement action. If this issue is effecting the sale of the property the owner may wish to apply for a certificate of lawfulness rather than submit a retrospective planning application.

David Baldwin, modified 7 Years ago.

RE: What happens when planning permission is not followed?

New Member Posts: 4 Join Date: 31/08/16 Recent Posts

I understand that the development is now lawful as it has escaped enforcement for the required period.

I'm interested in what happens to the rather draconian conditions that removed all Permitted Development rights imposed by the permission.

I've read two interpretations of the same situation:

one that says that the conditions lapse with the permission (e.g. the permitted development rights are alive and well)

or

another that says that the conditions stay alive and are enforcable (e.g. the permitted development rights remain removed).

Mark Lane, modified 7 Years ago.

RE: What happens when planning permission is not followed?

New Member Posts: 22 Join Date: 20/03/15 Recent Posts

Was the planning permission for the extension lawfully commenced even if the development was not built in accordance with the approved plan? Were there pre-commencement conditions for the extension permission that went to the heart of the permission and were these discharged?

 

While the Handoll case from 1995 supports your perceived hope that conditions do not apply if the development is not in accordance with approved plans inspectors have taken an alternative view in appeals. Their view on occasion (fact & degree) is that if the development, as constructed, is considered to be a minor variation of the approved plans and is not significant then the conditions remain in place.

 

As minor variations are a planning judgement to be made by a planning officer there can be no definitive answer to the real question, can I use Pd rights in this situation.

David Baldwin, modified 7 Years ago.

RE: What happens when planning permission is not followed?

New Member Posts: 4 Join Date: 31/08/16 Recent Posts

Thanks for the considered reply it certainly gives pause for thought.

The house in question is an old detached cottage in the green belt and stands alone next to a very busy canal and pathway.

The current roof structures are an ugly mess as was stated in the written notes by the original PO.

The heart of the matter here was to improve the visual appearance without impact to openness.

Condition 11 states:

"The single storey block work extension to the east of the site shall be demolished prior to the erection of the extension.

Reason  Having regard to the location of the site, consequent issues of amenity and possible conflict with policies relating to the Green Belt contained within the Development Plan."

This is badly worded but I would argue does go to the heart of the matter, especially when read within the context of the other conditions.

This condition was not met and has a huge visual impact.

Condition 2

"No development shall take place until samples of the materials to be used in the construction of external surfaces of the extension and conversion hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason To ensure that the external appearance of the building/structure is acceptable."

This has not been met as the roof of the conversion does not use the agreed materials. The roof in question is 7.7m long and 5m wide and actually uses a very shiny steel instead of hardrow "old stone" concrete tiles.

Conditions 8, 9 and 10

These conditions are all written as "No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority" details and plans for planting, landscaping and boundaries.

The last correspondence asks the Planning Consultant for more detail of boundary detail which appears never to have been provided.

It might be construed that the PO was mostly happy with the compliance from the written conversation, but this was never finalised or approved.

In summary the buildings were an ugly eyesore before and are ugly after too.

 

Mark Lane, modified 7 Years ago.

RE: What happens when planning permission is not followed?

New Member Posts: 22 Join Date: 20/03/15 Recent Posts

It appears that condition 11 concerning demolition prior to development taking place not being complied with provides a strong case for the conditions not to now apply and Pd rights to be available. However, this would only be tested following a lengthy process dependent upon the current view of the local authority. No doubt legal opinion will offer two opposing views depending on which party has requested it. Therefore an inspectors decision or a high court appeal with the cost involved I would suggest is your option for a definitive answer.

David Baldwin, modified 7 Years ago.

RE: What happens when planning permission is not followed?

New Member Posts: 4 Join Date: 31/08/16 Recent Posts

Thanks for the feedback.

At least that gives an indication of where things are likely to go!

For now I will put forward a CLOPUD submission to the coucil stating that we believe the PP was not implemented and see where we go from there, unless you can suggest another way forward?

Mark Lane, modified 7 Years ago.

RE: What happens when planning permission is not followed?

New Member Posts: 22 Join Date: 20/03/15 Recent Posts

A CLOPUD would seem to be a good starting point. If your authority offers a pre-app advice service, no doubt it would be chargeable, it may be worth exploring this option to gauge how the land lies.

 

good luck.