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.

What do you want the outcome to be

Looking at my local authority website it seems that deception would invalidate the planning permission.

If a local planning authority found that there had been a material inaccuracy or an attempt to mislead in the planning application and it considered it expedient to do so, it could revoke on that account. It already has the powers to revoke the planning permission.

I haven't read all the thread but from the bit I have read I would ask advice from a planning consultant , I use one for gaining the best possible position I can regarding getting planning but I do know whilst chatting he can get a lot of work and strong positive outcome for people looking to oppose planning and objection to unlawful construction, with fees at around £80 ( 2 years ago ) per hour the vast resources of information they have available is well worth the fee
I'm sure if you found one that is up to speed with your local area planning and local planning department you will get a good indication of what help he will be to you in an initial phone conversation

I’m so so confused as to what your objection really is

Are you saying that you don’t actually like their extension and want it stopped/altered?

Or are you just annoyed that the application is wrong and the incorrect pictures should be sole grounds for the application being dismissed?

Hypothetically, If they resubmitted plans which showed the ground levels, your lean to etc, and still got awarded the planning they got, would you then be happy?

I am confused as well . If it would have made no difference to the extension being granted what is the point ? If the extension is the incorrect height - that is a different matter . But the height will be from their ground level not yours?

An extension of the size and description in their plan (the non existent one on our side) meant the length of the applicants extension along the boundary wall was accepted because it would only protrude 1.5m beyond our “extension”… instead it’s a solid wall 4.5m along the boundary. They also show a triple back door which the 45 degree rule would be measured from (the only door is the french doors at the back of the original house, not as wide as shown and closer to the boundary than shown.)

The “architect” is not one, he’s an unqualified architects technician with no official body affiliation. The applicant verified all the information.

We have no relationship with the neighbours, good or bad. This is certainly souring things. We feel that had we made comments that maybe they wouldn’t have lied, our reliance on the councils own system let them manipulate it… they were told the wouldnt be a site visit but it’s not on any documents made available to us so we just assumed it would be part of the planning process.

I reckon the council officer is also damn confused!

if you applied for your own extension this information would not affect it as they would start from scratch .

This is SO easily resolved

Your extension doesn’t exist. End of.

The fabrication of this extension has directly led to their planning being approved by negate the 45 degree rule.

Your neighbours may not have lied? They probably employed someone to do the application for them?

Drawings always have to be cleared with the client before submission.

In my experience of planning departments you will get nowhere with this . Often incompetence plus apathy & internal politics prevail. I wish you well though and hope you manage to get somewhere .

Applicant and any agent are equally responsible due to the nature of the planning forms. Applicants have to confirm all details are correct as far as I’m aware (the only thing the housing officer has said is that a photo was provided by the applicant - only architects and applicants can submit such info)

@Hsionde

The fabrication of this extension has directly led to their planning being approved by negate the 45 degree rule.

Why the heck didn’t you just say that

I suspect you have not made your point clearly to the council and instead waffled on

Very odd that a professional submitted this

If proven to be a lie, he will face professional negligence claims and the council will have him for fraud

Can you say whether you would object to this extension in principle?

Or if you just object to the fact they got permission with the incorrect drawings?

So if they get retrospective permission, will you be happy?

Yes we are not going after compensation, we want explanations and structural guarantees.

Like I’ve said I’ve complained officially through the council, my MP is looking into speeding up our freedom of information request, the planning councillor for my ward has been contacted and building regs and enforcement have opened a case...

I think we just want some reassurance that this decision, made under false information will have no impact on any planning applications that might be made under this address: if a council can’t find records on a property being extended they can refer to neighbours plans for reference, especially if it’s presumed the extension was done before online portals and digital record keeping. We just want to ensure that it is correct or if not, the information has no effect on future building work.

@Hsionde

The fabrication of this extension has directly led to their planning being approved by negate the 45 degree rule.

THIS is what you need to say. I wouldn’t have been able to get this out of your initial garbled statements. If you say this to various parties you may have a better outcome.

Why do you want structural guarantees?!

You wouldn’t usually get that unless it was part of a party wall award which you’ve already said doesn’t apply

@egghead81

I’ve been more succinct in official emails, I am waffling, sorry, and thought I’d made that bit clear in the original post

To be clear; the representation of a non existent extension on our side, has directly been used as a reason to negate the 45 degree rule by the senior planning officer who wrote the planning recommendation report.

@Hsionde

Yes we are not going after compensation, we want explanations and structural guarantees.

Like I’ve said I’ve complained officially through the council, my MP is looking into speeding up our freedom of information request, the planning councillor for my ward has been contacted and building regs and enforcement have opened a case...

I think we just want some reassurance that this decision, made under false information will have no impact on any planning applications that might be made under this address: if a council can’t find records on a property being extended they can refer to neighbours plans for reference, especially if it’s presumed the extension was done before online portals and digital record keeping. We just want to ensure that it is correct or if not, the information has no effect on future building work.

Wait now you’re on about a different thing. I don’t understand why you think their extension would affect your property planning approvals in the future?

Structural issues have nothing to do with the granting of planning permission.

Party wall does apply, we just don’t have an agreement. This is part of a civil argument between neighbours and does not affect planning or building regs and why I’m in contact with a lawyer (for protection purposes, such as getting an engineer in to check our side of the boundary if needed)

Also the description of a non existent extension ignores a ground level change between gardens directly after the main house and implies there are solid foundations adjacent and at the same level to the ones they have put in, meaning their footings might not be deep enough along the boundary to account for such a difference (structural concerns - building regs/enforcer dealing with this)

@flowers500 we don’t know, that’s what we are trying to have addressed, if it will have no affect, fine, but I feel that anyone looking at purchasing would question a violation of the 45 degree code.

@seeline yes I’m confusing some issues, structural concerns are a building regs and enforcement subject, they are involved I’m just trying to explain why the false information may be problematic in terms of planning.