Planning permission- fraudulent misrepresentation

[Hsionde]

Sorry bit of a long post to explain the situation as I cannot find an example of anything similar.

Our neighbours applied for planning permission last year and public consultation took place in October, we looked at the plans and although thought they seemed big, were reassured that all legal code would be verified by the application officer. They just showed the applicants house and nothing to indicate our property.

We did not make comment as we did not object to the planning application on theory due to the checks carried out by the council.

Work started in March and has been slow going but about a week ago we decided to have another look at the plans as they didn’t seem to match what we had seen. Instead we found that new plans, submitted 2 days before approval, had a visualisation of an extension at the back of our house which doesn’t exist, it shows a solid structure with a tiled roof and triple sliding back door. In the approval recommendation report, the planning officer gives an specific depth (which doesn’t exist) and uses this as a mitigating factor for the 45 degree rule. (Consultancy ended 29.10 and this plan was submitted early January and accepted two days later).

The plans also fail to shown the ground height difference between our houses - we are on a hill and the ground level difference is visible from the front on the house, about a foot down at the boundary.

Also the block plan for the site , does not include the outline of our house at all; I should note the applicants are the other house in our semi detached.

The planning office did not perform site check due to COVID and said the applicant provided and picture and she used google earth to check (?!)

We had no problem with the extension in theory but now we feel that misrepresented information was both submitted knowingly and then accepted without question.

We do have a structure (deck with lean to transparent roof) but this, by the planning offices own documents, would not have been considered due to its nature and structure. More than that the measurements on approval recommendation report in no way reflect it’s actual size or nature, twice referring to it as single story extension.

We are trying to follow every complaint, we’ve approached building regs as aside from the above they have broken 2 out of 3 of their planning conditions and because of safety concerns surround the ground height difference. The council are trying to negate their responsibility, even though specific measurements and descriptions are included in the permission that doesn’t exist.

we just don’t know how we can go from here and what effect such misrepresentation might have for our own future planning applications.

Hsionde

Sorry bit of a long post to explain the situation as I cannot find an example of anything similar.

Our neighbours applied for planning permission last year and public consultation took place in October, we looked at the plans and although thought they seemed big, were reassured that all legal code would be verified by the application officer. They just showed the applicants house and nothing to indicate our property.

We did not make comment as we did not object to the planning application on theory due to the checks carried out by the council.

Work started in March and has been slow going but about a week ago we decided to have another look at the plans as they didn’t seem to match what we had seen. Instead we found that new plans, submitted 2 days before approval, had a visualisation of an extension at the back of our house which doesn’t exist, it shows a solid structure with a tiled roof and triple sliding back door. In the approval recommendation report, the planning officer gives an specific depth (which doesn’t exist) and uses this as a mitigating factor for the 45 degree rule. (Consultancy ended 29.10 and this plan was submitted early January and accepted two days later).

The plans also fail to shown the ground height difference between our houses - we are on a hill and the ground level difference is visible from the front on the house, about a foot down at the boundary.

Also the block plan for the site , does not include the outline of our house at all; I should note the applicants are the other house in our semi detached.

The planning office did not perform site check due to COVID and said the applicant provided and picture and she used google earth to check (?!)

We had no problem with the extension in theory but now we feel that misrepresented information was both submitted knowingly and then accepted without question.

We do have a structure (deck with lean to transparent roof) but this, by the planning offices own documents, would not have been considered due to its nature and structure. More than that the measurements on approval recommendation report in no way reflect it’s actual size or nature, twice referring to it as single story extension.

We are trying to follow every complaint, we’ve approached building regs as aside from the above they have broken 2 out of 3 of their planning conditions and because of safety concerns surround the ground height difference. The council are trying to negate their responsibility, even though specific measurements and descriptions are included in the permission that doesn’t exist.

we just don’t know how we can go from here and what effect such misrepresentation might have for our own future planning applications.

Can you make a formal complaint to the council?

We have complained everywhere we can but no one has ever heard of such a problem and the planning office now seem to be trying to retrospectively apply the actual structure to those statements. Even the property lawyer I spoke to has never heard of such gross misrepresentation being approved!

Have you been in touch with your local councillors? In my borough at least one councillor from each ward is on a planning committee, so you might find they are knowledgeable about planning issues.

Is your neighbour's construction different to what was on the plan? If so, that's an issue in itself.

Or is it that you've only now discovered the plan that misrepresents your property? That would only be an issue if the misrepresentation of your (nonexistent) extension resulted in the planning officer making a decision they wouldn't have made if they had been in possession of the truth.

There must be a way for local authorities to rescind permission if it's later found that it was granted on the basis of incorrect information supplied to them. But if they would have made the same decision then it doesn't really matter.

Google Earth is actually very good for looking at properties, especially in 3D. Not sure about distinguishing hills and changes in ground level though.

I doubt you have grounds based on block plans not showing your property. However if they are not building to approval there may be enforcement involved. Consultees are not notified of updates prior to decision unless you register.

The plans were accepted. Permission granted.

Are you saying that they should not have been granted? Or are you saying that what has been built doesn’t comply with the permission given?

Is this about loss of light?
Next door claimed you had an extension which you say is just a lean to structure
Why didn't you object to their plans at the time if you were worried about loss of light?

Both; the plan was granted on the grounds that our extension (non existent) extends nearly 3m into the garden, therefore the doors at the front of this (that don’t exist) were used to measure the 45 degree rule. The structure that is there would not be counted as it has transparent roof, open fronted, with no foundations.

We checked the planning portal because the materials did not match the plans we had seen and then saw all of the additional information relating to our property. The conditions of the approval are also about the height dimensions of construction, which has already been exceeded and the roof is not yet on.

We didn’t object because the planning office said codes like the 45 degree Rule would be verified by them and we had no reason to object in principle.

I mean honestly I didn’t know about the 45 degree rule until I saw it in planning approval docs, I’ve never submitted myself and honestly when I called the planning office for advice and they said concerns of light are dealt with using codes laid out in planning regs, therefore any complaint by us may be seen as malicious by the neighbours.

… or count against our own applications. Not sure if this is true, we just trusted that the council would verify the legality and have tried to be good neighbours and let them build in peace. But now when looking for planning info on our street the only representation of our property includes an extension that doesn’t exist

I’m totally confused

Yep that is overwhelming feeling… we just don’t understand how it has happened unless the applicants provided falsified evidence about our property and the planning officer failed to carry out due diligence. The plan showing our house has a representation that doesn’t even match the dimensions of what is there, the materials are labelled incorrectly (slate/ tile roof when it is plastic) and the statements in the approval report written by the planning officer relating to our address are all incorrect (type of structure, dimensions etc)

Very easily proved surely

You just show... you do not have the extension upon which the PP was granted.

Unless the PP would have been granted irrespective of the extension detail. Then it will be disregarded.

I think I get it they pass the application by using the end of your lean to as building line and calculated 45 degrees from that not the back of your house.
Formal compliant to planning dept .

Let’s hope so!! Building regs have been told about safety concerns (the applicant has never registered with them so they have never done a site check either) and I have emailed every councillor in my area and my local MP.

Just incredibly stressful to try and work out and gather evidence for. We have been led to believe that the plans submitted initially, the ones we saw for consultation, were invalid because they did not include the relevant information regarding neighbouring properties; so unsure why we saw them at all.

It's very unusual for detailed plans of the neighbouring property to be submitted as part of an application. Have they really submitted a drawing of your property?

Has your property ever been extended? It would be quite normal for a planning officer to check the records for neighbouring property.

Does the actual approval notice give dimensions of the permitted extension, or is it the officers report?

Is the extension projecting further from the rear wall if the application property than shown on the plans?

So, at the last minute, the neighbours submitted a plan, which you hadn't seen, that lied about your house (adding an extension that isn't there) in order to gain planning permission for far bigger building works than originally requested.

I'd complain to my councillor, my MP and to the council.

They committed some sort of 'bait and switch' scam to trick the council into giving permission.

I'd also make enquiries about part wall agreements

what do you want to happen do you want it to stop it being built

party wall agreements.

We have been told it wouldn’t because the panel in the side barely protrudes over boundary, the plans show a much taller and longer structure, the side panel is actually 90% below the boundary line and is at an angle to reduce impact so a small plywood triangle is visible from the neighbours side: this was installed temporarily at the advice and guidance of the previous owner next door. This is what neighbour conversations should happen, it was due to come down this time last year but, COVID, so we accept that it may be considered initially but ultimately would not have been counted as the main source of light for the back of the house is from the roof and back of the lean to, so measurements from main window at the back of the house still stands.

What do you want to happen

So on the final plan drawing the back elevation of our property is shown with the non existent extension. All other drawings do not include any representation of our property. There is also a representation of the other neighbours back of property to show the difference in ground level. (We also have a ground level difference and this is also not shown)

Our property has never been extended, with planning permission or otherwise.

Planning permission states that the extension should follow the plans provided by the applicant. It is no longer but definitely higher. They also installed additional footings directly behind the extension for what we assume will be a patio, which should have been submitted at part of planning. It is also built out of breeze blocks when red brick is specified (but these are now minor annoyances compared to the info about our property)

At this point we want all false information about our property removed from public record, and investigation into the planning officers conduct and the potential fraud of the applicants. We also want building regs to inspect the site with the new information to ensure that safety standards have been met and planning permission followed. Legally the permission should be rescinded but ya know, councils haha

I think all you can do is follow the Council's complaints procedure. If that gets no results, then you go to the Local Government Ombudsman.

Getting PP revoked is not easy. I'm not even sure if the Council has the authority to do so. It's a long time since I had anything to do with that legislation.

It is possible the planning officer requested that additional drawing. If it is wrong and conclusions in the report were therefore inaccurate, contact the relevant officer in first instance.

If the extension is not in accordance with the approved plans, then the planning enforcement team should be looking into it.

With regard to Building Regs, they do not have to use the Council team - there are other companies available.