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 45 degree thing is a guideline used by some but not all Councils. I doubt that in itself would cause problems with a purchaser. They might have a problem with the size of the extension in principle.

If we had understood that the plans would violate the 45 degree rule, we would have objected... I didn’t have time to research all of the codes that would have been considered and was reassured that the council dealt with that anyway, I thought it was measured from the middle of the back of the house.... in the last week I’ve now become an ‘expert’ on these things and feel foolish... but it still doesn’t exempt the parties involved of responsibility.

@Seeline yes, possibly, the only reason we looked into this was because a window salesman wanted to know how the neighbours had got away with something that scale, we thought we were just being a bit grumpy about the breeze block monstrosity over our wall haha. We were never happy about it, just didn’t want to be shtty neighbours. Note to self: be more shtty otherwise they’ll take the p*

What the freedom of information request for?

I can’t help but think you are making this far more complicated than it need be

They said something exists
It doesn’t

There isn’t an architect firm in the country that would submit a PP on the basis of a non existent neighbouring building

@egghead81 We tried that, the planning officer said it’s not their problem (sic) and ignored my requests for all the info about our property on that application. In the end I went to her head of department who immediately pointed me in the right direction of all the processes for complaints and how to request documents.

We submitted under freedom of information because she would not just send us the info we asked for, so made an official request that cannot be ignored.

Either way, I’m not getting any of the information I asked for in any sort of timely fashion and it’s beginning to feel like that’s on purpose.

@Egghead81

We spent a day looking for the architect and found that he isn’t one at all, that’s why the applicant has submitted the information himself about our house*. The person who drew the plans is an architectural technician, completely different and largely unregulated.

*planning officer did state that in place of site visits they ask the applicant or architect to provide measurements and pictures:
in this case it was the applicant and said they provided a picture taken of the back of the applicants house and that’s how they identified the “extension” (transparent plastic roof, half the size of the measurement she used)

I totally get what you are saying and I'd be fuming too!!

Do keep pushing your complaints and keep on at your Councillor.

I understand your frustration but unless your purpose is to get the permission withdrawn I'm not sure your complaint has a purpose. If they drew 45o from your actual rear wall , how much of the length would be compromised? Would it then be Permitted Development? It seems from your quote that the later drawings and pictures were requested by PO but probably did not at that stage influence the decision.

** 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 party wall agreements”

^Absolutely do this. They have made a fraudulent planning application.

So you were already aware of the 45 degree rule before they submitted their planning application..?

If they had measured accurately from the door at the back of the house, the neighbours extension would have to be at least 2m shorter along the boundary. It’s not a small difference, it’s not cm, it’s 2+m of extra extension they’ve got because of the way they described a non existent extension our side.

Do not get me wrong, if the council (miraculously) decided to take action, withdraw planning and enforce a change to match the actual dimensions it should be, we wouldn’t be upset.

I’m not trying to be malicious but I did not lie to gain a material advantage, he has (potentially) increased his own house value and desirability, by (potentially) disadvantaging our own yes I know this is straying into very complicated areas of litigation and not really the point but that is why I want to both see all the paperwork and understand how this has happened and what affect it may have

@GappyValley

Not really!! Vaguely aware of the term, never seen it demonstrated. Have now done all the research!!

@Hsionde

If they had measured accurately from the door at the back of the house, the neighbours extension would have to be at least 2m shorter along the boundary. It’s not a small difference, it’s not cm, it’s 2+m of extra extension they’ve got because of the way they described a non existent extension our side.

Do not get me wrong, if the council (miraculously) decided to take action, withdraw planning and enforce a change to match the actual dimensions it should be, we wouldn’t be upset.

I’m not trying to be malicious but I did not lie to gain a material advantage, he has (potentially) increased his own house value and desirability, by (potentially) disadvantaging our own yes I know this is straying into very complicated areas of litigation and not really the point but that is why I want to both see all the paperwork and understand how this has happened and what affect it may have

** by back door I mean french doors, which are the only source of light for that room: when applied correctly the angle would be taken from the middle of these doors = -2m of extension

When measuring from made up extension.... they are well within the 45 degrees and no impact on us...

But you saw how long their extension was going to be and you didn't object?

I think you need to bear in mind that they could probably have extended more than 1.5m under permitted development, so even if this pp approval was withdrawn it may not revert to that. (Caveat- depending on any previous extensions and assuming pd rights have not been withdrawn). Although consultations are given a time period in practice it is often still possible to comment.

@drpet49

Yes doing all of that... I think I just needed some more far reaching advice, it’s been a stressful week and sometimes I worry I’m not considering something, hence the rambling.

I can find nothing like this online haha, so wasn’t sure if I was going a bit mad!

Contact your local parish or town council and councillor for the area and get them to raise at the next planning committee meeting. You need it in the agenda somewhere and councillors can sometimes be quite helpful. Also contact your local county councillor too.

@DonGray

I’m questioning the application of a planning code that it is not my duty or job to apply...

But had I known they were gaining planning permission through misrepresentation, by lying about a non existent extension on our property, then yes I would have object immediately.

[quote Hsionde]@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.[/quote]
It made perfect sense - I don't understand why you have received all these confused replies.

You need to push to get their planning application completely overturned rather than trying to ensure that it won't affect your future plans. They have submitted a fraudulent/illegal application and it needs to be stopped. We have had issues with my FIL's neighbour's plans in the past and I can tell you that once they get away with one thing, it won't stop there.

Sorry, I might have missed it, but have you considered a complaint to the ombudsman?
www.lgo.org.uk/make-a-complaint/fact-sheets/planning-and-building-control/your-neighbour-s-planning-application

The ground level change may be significant but in terms of the size of extension, would they have needed planning permission if it were under 3m, wouldn't that have come under permitted development?

@Gemma2019 that’s beginning to seem more of an option, we just didn’t want to seem overzealous

I have contacted all the councillors and officials I can find! Good to know it may be raised as part of a planning committee.

@Knittedfairies we have to wait for the council investigation to conclude, but have registered the complaint as a precaution.

@Calmdown14 it is being extended 4.5m along our boundary, and required planning due to size and as it comes up to boundary both sides (it’s a side and back extension)

@ineedanewnameplease yes hoping that councillors and MP will provide some additional support.