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Planning conditions please help!

9 replies

SmellTheGlove · 24/12/2017 08:32

Sorry, it's a bit complicated! So we have just finished our loft conversion. It was a long process getting PP because it was a joint application with our neighbour and required a legal agreement ( we are a pair of semis and needed to raise the ridge height to get a decent head height). After nearly a year we finally, got permission. EXCEPT there were some conditions on the PP. We had to submit a building schedule outlining stages of the work which then had to be approved, which might take weeks. Given that our builders were booked in and the conditions had never been mentioned during all our many conversations with planning, I spoke to our neighbour and he said he was going to ignore them, as we were doing it at the same time anyway and didn't want to hold things up. He was going to use the same builders. So builders started on our house. We then found out from them (not him), that he wasn't going to use our builders, but do it himself, with a mate. He is now massively behind us - we have finished and he doesn't have his roof on. He has moved out and seems to be in no hurry to finish. The legal agreement says he has to finish within 3 months of us. I don't know how to go about getting the conditions discharged when we haven't stuck to them. To make things worse, I've just noticed that the skylight we put on the flat roof ( which was a change and not on our original plans, sticks up above the ridge line slightly and is therefore I think in breach of PP. Please please tell me what to do! I'm worried about telling the council anything in case they make us take out the skylight, which would not only ruin the new loft but also probably cost more and we've run out of money!! Aaarggggghg!!!!!

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Angryosaurus · 24/12/2017 09:42

I would just keep quiet about it and hope they don’t inspect or a neighbour notices. I assume you would have to apply for retrospective planning permission if this happens. Hope you get some expert advice soon

Thatsnotmycat · 24/12/2017 15:09

I guess technically you can’t discharge conditions retrospectively as such so you would have to apply to amend the conditions/remove the conditions. I personally would wait until your neighbour has finished then contact the council as it may cause you problems if you ever go to sell your house. I’m not sure who’s been advising you through the planning process but planning conditions are pretty standard so I’m not sure why they would come as a shock. Especially if a legal agreement has been arranged as you would of had to pay for that I’m guessing. Again the the roof light you would also need to go through the process to get that regularised. Not much you can do now as you’ve done the work but go back through the planning process.

BubblesBuddy · 24/12/2017 16:30

I am confused about the flat roof. With the skylight it is higher than the ridge? How? It is very unusual for the flat roof of a building to be higher than an adjacent ridge.

I am also confused about the joint application with your neighbour. Why? Sure each house is treated as an individual property? If the skylight is at the back, will anyone notice?

ICantDecideOnAUsername · 24/12/2017 16:52

You've got two options:
1- own up to the council. They may make you reapply, issue you (and neighbour) with a planning enforcement notice (make sure you appeal) or let it go.
2- stay quiet, hope no-one notices/checks. After 10 years there's nothing the council can do, it becomes lawful.

SmellTheGlove · 24/12/2017 18:00

Sorry, joint application is probably not technically right, we have both applied separately but the application would not be considered other than jointly, as they would not even consider allowing only one of a pair of semis to raise their ridge height. 2 other pairs of semis have done the same thing in our road. The skylight is just behind the ridge, but slightly higher than it. I'm really surprised by how high it is too - it doesn't look it from inside and it was only when the scaffolding came down and I stood across the road and saw it. I think in the new year we will fall in the mercy of planning! But they were so unhelpful and difficult during the past year, it's going to be hard to be humble and fall on my sword!

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Littlecaf · 24/12/2017 19:13

Those saying to keep quiet, please don’t. You’ll be in breach of planning control and this can cause problems when selling or with an enforcement notice. It’s bad and poor advice.

Do speak with your planning dept. They might just suggest amending the conditions or that you discharge as quickly as possible. Please do try to keep within the legal framework which have been set down in law. I’m sure they’ll be able to give you specific advice.

Angryosaurus · 24/12/2017 20:09

But @littlecaf what is the benefit in fessing up? If you do then you have to apply for retrospective pp and risk it being refused. If you don’t you may get away with it (forever after 10 years). Or have to apply for retrospective pp..,

Littlecaf · 24/12/2017 22:43

Because there isn’t a legally binding permission in place. It’s a breach of planning control.

SmellTheGlove · 25/12/2017 10:46

Yes, we're definitely going to 'fess up. Although it's tempting to just leave it I would be too stressed. It was never the plan to 'get away' with anything , the loft has been built according to the plans, it was just the pre commencement condition we didn't discharge. Because to be honest we were pissed off that the planning officer told me categorically ( and I did ask the specific question) that we would able to build as soon as the permission came through. And the condition was to do with timings rather than actual construction to there were no material changes. Stupid to ignore it I realise but it was a frustrating year with planning. At one point our planning officer left and no one even told us! No out of office reply, just unanswered emails for 2 weeks until I finally rang and they say 'oh, she left'!!!

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