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.

The relevant officer is avoiding answering all questions. We have submitted a load of complaints and a freedom of information request.

I really just wanted to see did anyone had experience anything similar? I really can’t find anything like this!!

Write to the Director of Planning (or what ever the head of department is called, requesting a response within 7 days. If no response, or unsatisfactory write to the Council Chief Executive asking the same. Check the Council's complaints procedure for their timescale. Copy in your local councillor and MP each time. If no satisfactory outcome, the LGO is the next step.

Yep I think I’ve done as much as I can at this stage, I’ve spent 4 days on the phone and sending emails, would be nice if someone somewhere just said, yep we are looking Into this

@Plexie

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.

Google earth might be good but most images stored on their servers are slightly out of date

It's not something I have much knowledge of but I believe planning decisions can be challenged in the courts by way of Judicial Review. Perhaps if you threaten this (even if you don't go ahead) the council may be a bit more forthcoming.

Having had a quick google it looks like you're out of time to complain through the courts.

It's not something I've ever come across, but I suppose in normal circumstances a site visit would have cleared it all up.

I'm surprised that photos weren't submitted rather than drawings of your property. As I've said, detailed drawings of neighbouring properties are rare as architects don't have access to take detailed measurements for the drawings.

Yes - I think it's 6 weeks for judicial review - and costly

Photos were submitted and then the visualisation was included in plans…. No chance the planning officer gave them some “advice” regarding getting their application through is there? She said she saw a photo of the back of the applicants house and she could see the “extension” on there (must only be visible at certain times of the day eh?)

Luckily all agree because of the nature and because we have raised the issue within 6 months of planning being granted, all avenues are still open.

Your post is a bit confusing sorry

1 - it's not unusual for planning drawings to not show neighbouring properties or ground levels

2 - your lean to structure on Google earth probably does look like an extension

3 - you had opportunity to object but you didn't

4 - you do have a valid complaint if they haven't built to the approved plans or materials but unless it's a strict conservation area or listed building they aren't likely to insist it is torn down

We are trying not to spend our own money yet, for obvious reasons, but as the council are being obstructive I am instructing a property lawyer next week to help try and get some letters out to prompt some action. Again I don’t care about the extension in principle, I just think it’s outrageous that our whole property has been misrepresented so badly and then that was used in the planning approval. Really if they weren’t doing site visits, how can the applicants information be trusted alone, when they have motivation to lie? Madness!

Ok so no, I don’t think this will have any affect on the actual build, way past that point, this is more about getting the council to justify and amend falsified documents.

Our only route for the build itself would be civil litigation with the support of the building regs / planning. But that will never happen so just trying to correct the public record and find out who is responsible for it.

Anything that the Planning Officer has seen should be on the application file online. The photo that they are referring to should be there - have you seen it?

No they have not disclosed any of the information we requested so we have submitted an official freedom of information request instead.
We have seen, plan drawings, approval recommendation report, final approval. The only information we can see about our property are on the first two documents.

She said she requested photos and measurements from the applicant but will not given those to us

I don’t really understand the issue here. It sounds like you are happy for the build to go ahead, but mortally offended that they may have an incorrect image of your back of house on file? If so, does it hugely matter?

It sounds like they looked at your house, saw the lean to and incorrectly thought it counted as an extension. And that the council saw the image and Google earth of it, and took it as an extension. But that you’re fine with their extension going ahead so this doesn’t matter?

Did it get passed by committee or planning department?

The planning was only non objectionable, if it complied with the 45 degree rule which the council said they would assess. We would like that information rectified and the senior planning official held responsible for her role in verifying this information. The planning office uses a very specific measurement which doesn’t exist and cannot be seen at the scale described from google earth, it is a small white a clear plastic roof which extends half the distance described from the back of the house. The ground level change is significant and should have been shown as they have shown the ground level change the other side.

Ultimately we believe the neighbours have misrepresented purposefully for their own gain, we will start civil action separately.

This thread is only about council action as we’ve never heard of this before - I imagine because a proper site visit would rectified it but it doesn’t mean we lose our right to complain when that means mistakes are made…

It is possible an enforcement officer could make a visit even now, if you went higher up at council with a complsint. It may just mean they have to retrospectively submit accurate documents and may not change the outcome though. The sort of legal action you are talking about is potentially very expensive.

Are you saying your issue is that you were fine with it as long as it complied with 45 degrees, but it didn’t so now you have an issue?

I would speak to a lawyer very carefully about the issue before you start planning legal challenges. I don’t understand what losses you would be able to evidence. As the planning has already been granted, you would also need to examine whether this is able to be overturned. It does very much sound like you missed the chance to be involved in the process and it may now be too late. If it’s going to be built anyway you are better to think pragmatically about the situation—I.e. do you want a neighbour dispute hanging over it—before you declare war!

So they have basically performed some sort of bait and switch of plans and taken advantage of the covid situation to push through an extension which never would have got through planning under normal circumstances? If so I would be complaining to everyone I could. Do the new drawings have the architect's details on, as it might be worth talking to the ARB. Surely it's illegal to fabricate a neighbouring extension in plans? Do you have legal cover with your home insurance, to get any advice?

I’m going to take a pint and say that you and this neighbour don’t get on well

Punt

It’s very odd for PP to add something to their neighbours property as opens up potential for overlooked / light issues etc.

What was their motivation for adding an extension?!

That doesn’t exist