Breach of planning condition

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Former Member, modified 10 Years ago.

Breach of planning condition

Good afternoon, I would really appreciate some advice on the following issue. A few months ago we decided we would like to erect a small conservatory on our patio attached to our sitting room. We live in a 3 bed terraced house built in 2001. We looked at the Planning Portal for advice which stated we could go out a maximum of 3m, the roof height could not exceed 3m and we could not cover more than 50% of the garden. We checked our house deeds to make sure there were no reasons we could not proceed i.e. Permitted Development Rights have been removed. As an extra precaution we sought advice from my brother in law who is the solicitor who acted for us when we purchased the house. We were reassured it was fine to proceed. The next stage was to inform both sets of neighbours. We showed them a computer image of the proposed conservatory with detailed measurements and said if they have any concerns to come and discuss it with us and we would be happy to compromise. We opted for a low pitched roof out of respect for both neighbours. Both sides seemed happy with everything and wished us well. Two weeks ago we had a visit from a Planning enforcement officer who said due to a complaint (since discovered one of our neighbours was not as happy about the build as we thought) made about the conservatory he needed to take measurements and photos. He said the measurements conformed to the Permitted Development criteria but he thought our PDR had been removed, which has turned out indeed to be the case. The Council have on file a planning condition which states the following: " Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or any Order revoking or re-enacting that Order) the provisions of Part 1, Classes A and E of Schedule 2 to that Order shall not apply to any dwelling constructed as part of this consent. REASON In order to ensure that adequate private amenity space is retained for these dwellings and to safeguard the visual amenity of the area." The planning officer recommended we apply for planning permission which we are now in the process of doing. We are unsure as to what our neighbour's complaint is as she barely sees it. We have 6' fences. It is not overlooking her or blocking light. Our other neighbours say they have no problems with it. We live in a development of 11 houses and this planning condition applies to all dwellings. 2 houses have conservatories, 1 has a 20' wide summer house, 1 has decking and all have sheds - all of these are prohibited under this condition. We are now in a position where the planning application could be rejected - we know we will have at least 1 objection from the aggrieved neighbour and the stress of it all is unbearable as if we are forced to demolish we stand to lose many thousands of pounds. What we need to know is have we got a good case here seeing as everyone else on the development has breached the planning condition? We are aware of the 4 year rule, one of the conservatories has been there for more than 4 years but the other one has been erected quite recently as has the summer house. Same sort of thing with the sheds, some are old but some are fairly new. We also need to know how we were supposed to know about this condition if it was not on our house deeds - where do you get this information from? If we had known of this condition we simply would not have proceeded with the conservatory as I wouldn't wish all this distress on my worst enemy! We are just ordinary members of the public not planning law experts. The whole thing seems unfair and potentially a trap a lot of people could fall into. Would really appreciate some advice! Many thanks

Former Member, modified 10 Years ago.

Re: Breach of planning condition

I'm sure one of the professionals will give a good response soon. However, can I suggest that you seek out your local ward councillor and get them to act as an advocate on your behalf. They won't be able to influence the final decision, if your conservatory is clearly against policy. However, from your description, it doesn't sound like it should be that big of an issue re permitted development, just one of those technicalities that catch you out occasionally. Removal of permitted development rights doesn't mean no further development ever, it just means you can't do anything without getting planning permission first. Although the principle of 'every application on it's merits' and there's not really such a thing as setting a precedent, but in reality, unless your talking cumulative impact, which shouldn't really apply in these circumstances, the fact that your neighbours have carried out this sort of work, should help support your case. I hope that helps.

Former Member, modified 10 Years ago.

Re: Breach of planning condition

Thank you Roger, Your post has reassured me more. Yes I had been think of contacting our local councillor and will definitely do so now, in fact there is a Saturday morning surgery which I will make sure I attend this week! Thanks for your advice

Former Member, modified 10 Years ago.

Breach of planning condition

When you were buying the house you should have been provided with a copy of all planning permissions relevant to the property, and the condition would have been visibile on there. Such conditions do not go on the title of the property usually.

Former Member, modified 10 Years ago.

Breach of planning condition

There are a couple points in relation to you development I would make though these as you will appreciate these are without the benefit of knowing the house or area.

My first advice woeful be to wait the outcome of the planning application and also argue that the precedent as already been set, while often precedent is not an issue you can argue if the Council are so concerned about compliance why have the failed to take action against other development in the area which also breaches the conditions, as the time scale for taking action against the existing conservatory you are referring to is not 4 years for built development built is 10 year for a breach of condition.

If the application is refused before appealing the decision I would suggest you seek professional advice on the validity of the condition and it reasons. In many instances conditions removing pd rights are challengeable as they should not be used a s a blanket approach only in exceptional circumstances and are often incorrectly used in that the condition often removes far more permitted development right than is required.

Finally and this in one I have used but only as a last resort in the past .if the houses have been substantially complete for more than 4 years check to see that all the prior to commencement conditions which go the heart of the permission have been discharged. if not then the houses have not implemented the original consent meaning the conditions are no longer applicable and they can take no action against the actual house under the 4 years rule.