Planning permission refused - but development went ahead anyway?

[janinlondon]

Does anyone know what happens now? The property developers applied for planning permission to divide a beautiful house in our area into nine flats. Both times the application was refused by council. The flats are now up for sale/rent. Is the council in fact a paper tiger? Can anything be done now, in retrospect?? Any positive stories? Pleeeeaase?

if planning permission wasnt granted they can be MADE to pull them down!

Erm, do you live in Hackney by any chance?

They can't sell them if they have no planning permission. they may have gotten retrospective permission after they started building or when they were finished.

I only ask because I despair at Hackney - and I'm not alone.

Wooo that was quick. No Shoelace - Lambeth. And Cadcorpcarm - no retrospective permission granted. I checked with council. MISINVIS have you ever heard of anyone having to restore the building? I am probably grasping at straws.....

The Council can take enforcement action against the developer. The enforcement notice served would probably have as action to be taken: the reinstatement of the property as a single dwelling within a specified time frame.

Would be amazed if any of the flats sell since a LA search by prospective purchaser would show permission not granted and would therefore highlight a significant risk that the developers will be forced to reinstate the house as a single dwelling.

If the Council serve an enforcement notice on the owners of the land, the owners have the right to appeal against the enforcement notice to the PLanning Inspectorate. The PI then have the ability to either uphold the enforcement notice; to vary it (i.e. alter the period for compliance); or to remove the notice (effectively granting retrospective planning permission.

The owners would also have the right to appeal against the Council's refusal of planning permission, so long as they submit the appeal within 6 months of the decision date.

I would contact the Council planning team and ask whether they are aware of the work that has been undertaken and whether they are or intend to take action. Contact your local councillors too, by all means.

I would also be concerned about the extent to which the flats would comply with building regulations.

HTH

You need to get in touch with the planning department and ask for an enforcement investigation to take place asap. It might be worth getting the local paper on board too.

Oh and if the development/conversion happened more than 4 years ago, planning permission would no longer be required, but from you post it sounds like a recent thing, so plenty of time to act. But amazed that the developer would take the risk of marketing the flats in the absence of planning permission and building regs approval. Utter madness.

But they can't sell them without permission. It is very odd and you can talk to the agent who is selling them to find out more.

you need to contact your local town or parish council, who can deal with it, they will then need to contact enforecement at the borough council, who need to take action.

I think they can sell them, actually - or at least I know of several instance round here where that has happened.

Get in touch with the planning dept without delay. Also alert local neighbours to get them on your side.

Thanks Pooka that's very helfpul. Planning say the matter is now with enforcement but as it is a property developer it will probably end up in court. No appeal has been lodged against either of the refusals. I can envisage a situation where the court order is completely ignored and the flats are disposed of somehow. Even the sale of the property to the developers looks kind of dodgy - the owners seem to have handed over the deeds as a transfer - so no sale has actually occurred???

They can sell them, but really really think that no one in their right mine would buy a flat with no planning permission, and no solicitor would ever recommend doing so. The problem would be that if you bought one of the flats, you would put yourself in the firing line for potential enforcement action as a part owner of the land.

Cadcorpcarm - the agent is the property developer. Hmmmm.

If the flats are disposed of, then the purchasers of the flats would become part owners of the land. They would, if enforcement notice issued, become partially responsible for the reinstatement of the property and would be left with no flat. They would then, I would imagine, be in the position of having to chase the developer for compensation.
Caveat emptor and all that.

Oh this makes me so cross, and I don't even live there. I really really cannot stand people trying to dodge the system. Grrr.
{am a planner so that would explain my position }

I am not sure Pooka that the owners of the flat would become owners of the land - more likely that they will be leaseholders and the freeholder would be the one with the problem - presumably the company that did the development.

Yes ClariceBean - I was thinking that the freeholder would be the one with the problem, and as they are property developers, won't they just close down and reinvent themselves with another name and deny any responsibility?

I suppose it depends whether the flats are being marketed on a leasehold basis or with share of freehold.
In any case though, even if the developer refused to undertake the reinstatement works. the Council is then able to undertake the works themselves and bill the land owner. But my goodness it would get expensive and very drawn out. And would prob involve a court case rather than just the planning inspectorate.

Janinlondon - I just hope that anyone who thinks of buying one of those flats has a decent solicitor who finds out they do not have permission

That has happened around here recently. Several times. In theory the council should force the developer to undo the work but I've yet to see it happen . I do remember a big fuss in the papers a few years ago when a couple were forced to demolish a bungalow they had built when they only had permission for a farm building. Never a developer though... helps to have the right contacts obviosuly.

Sadly I think you are right OrmIrian. It looks like a similar thing has happened to another big house a few streets away. I guess the council just don't have the funds to fight this sort of thing. So I suppose its no wonder it happens. Such a pity though. It was my dream family home....!

I can empathise with that - beautiful victorian villa behind my old house was demolished and flats built (legit) in its place. Did they not realise that I had that house in my long term when I grow rich plan?! Was very sad as was a gorgeous house, locally listed, with a proper victorian conservatory with a beautiful tiled floor. Sigh

This happened soon after we moved into our new house. Large house opposite was demolished. Property developers moved in and submitted planning applications.....several times....all turned down by council.

Despite several meetings and many objections, luxury flats were built.

Our conveyancing solicitor at the time warned us that the propery developers would win. Something to do with increased pressure on council from govt. to allow provision of new (not affordable) housing.

Be warned.

They are now marketing the flats for rent through a selection of estate agents. I rang one but they didn't give a stuff about there being no permission to convert. Looks like you can do anything you want and to hell with planning regs.