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.

It seems perfectly clear to me. By Lying about a large extension on your property, they can build a much larger one on their own because the 45 degrees comes from an inaccurate point. This could severely impact the rear of your property.

I'm not sure why this is so confusing to some? Sounds like they gave in some falsified plans at the last minute, and someone dropped the ball in the council and didn't check them

@SuperMonkeys unless those misrepresentations were done under her instruction or “advice”... the plans were only changed to include our property due to her comments.. so maybe a bit of both? Inappropriate advice plus no due diligence....?

There is no such thing as a "code" in the English planning system. Or as far as I'm aware in any other part of the UK. So the "breach of code" shouldn't have any impact on a purchase, beyond whether a future purchaser looks at the extension next door and doesn't like the look of it.

The 45 degree thing is a way of considering impact on light, particularly on semi detached properties. But I would expect the planning officer also to take account of things like aspect (north or south side), what they could build without planning permission and whether the neighbour has or hasn't objected. However if they've relied on a drawing that isn't correct that's not good and it does sound at if they would possibly (but not definitely) made a different decision had site visits been possible.

Planning permission can be revoked before works are complete, but it's very rare and the council would potentially have to pay compensation to your neighbour. You are doing the right thing by complaining now. But you would be in a better position if you'd expressed concerns during the planning application. And I'm still unclear whether you actually want the extension changed/reduced/refused or just the paperwork updated.

@AChickenCalledDaal

We are still in the process of gathering the information about how the non existent extension affected planning; then we will be more informed about the action that we want to take... and yes lesson learned, I will lodge comments going forward just for the record... we naively thought that although it wasn’t ideal, it at least complied with their own considerations. The 45 degree code is in place with my council as a compulsory part of the planning application, this is why we are questioning the application of it in these circumstances.

All of the planning guidance for our council clearly states this would be a violation regardless of sun location etc because of how far it exceeds by height and length.

Maybe the council could just grant us the planning permission for the imaginary extension and the neighbours can avoid a fraud prosecution by paying for it to be built

I fear your silence during the consultation process may have been interpreted as indifference to the impact. Had you raised any concern about the potential impact on light it would have been queried much earlier. I don't think it would have any effect on future extension of your property, each application is treated in isolation.

I don't understand the pp's saying they don't understand why OP is annoyed. I would be raising hell if this was my neighbour!

They have clearly made a mistake and you're right to try and do something about it before it's too late. The council have not carried out their duty towards you- as the neighbour if they allow an extension of this size to go ahead as it will impact your property significantly, and may even reduce its value if/when you come to sell.

It's entirely possible that the planning officer assigned to the case has made a mistake and been negligent- we recently applied for planning permission for a rear extension and initially said it would be perfectly fine, but when the planning officer came to actually have a look and MAKE MEASUREMENTS to apply the 45degree rule realised that it would have to be made slightly smaller etc. There is literally no reason why the planning officer didn't come out to have a look even though it 'was covid'- they would have been outside!

I'm sorry I can't be of more help but just wanted to say that people not understanding why OP has an issue with what's gone down here have either never applied for planning or had their neighbour build a massive encroaching structure.

Have you tried speaking to the neighbours to ask how they managed to get the application passed? Maybe make out that you're considering having an extension?

Surely the fact that they believe you have this massive extension means the planning officer didn't check previous PP applications/requests and has just assumed you've got an illegal extension. And maybe you're well working you're right to build said extension without PP as they assume it exists already?

I'm quite shocked that the planning officer is ignoring your requests to have a conversation etc.

Which council are you dealing with? Maybe someone on here can help direct you to a specific person?

Daloolah many councils are still doing no planning site visits because of their covid risk assessments. Officers are having to work from plans and photographs. And remember this decision was made some time ago, potentially at the height of lockdown. So it's not surprising if the case officer was unable to make measurements themselves on site.

My council would just shrug at this.
Sorry op I know that’s not what you want to hear. There’s violation after violation, but they just shrug and move on, you get ignored by your MP. The problem is it then sets presidency over the next application, It is literally a free for all.

I wish you luck and hope your area is better at dealing with this.

Problem is the only way the planning officer could have mitigated using these measurements from the applicant, was if she used the shadow cast by the house and guessed where the window is on the imaginary extension… it’s very obvious from google earth that no structure that they described is there, so we think we think they trusted them over the pictures and made it fit.

Anyway, all complaints submitted and I’ve put all the false information in documents next to the real back of our house and labelled it clearly in case there’s any more confusion from the council haha

@Hsionde

Problem is the only way the planning officer could have mitigated using these measurements from the applicant, was if she used the shadow cast by the house and guessed where the window is on the imaginary extension… it’s very obvious from google earth that no structure that they described is there, so we think we think they trusted them over the pictures and made it fit.

I think most drawings and documents are taken on trust unless there are objections raised during the planning process. Are you willing to share any of your comparative drawings on here to clarify the issue?

I can't believe what hard work you are making of this .
The top and bottom is they've breached the 45 degree rule .

Complain JUST stating this all the other shit about lean to level fraud and whatever is just confusing every thing .

keep it simple don't waste any time or money.

Query it on this 1 fact forget all the other shit you are massively over complicating and making it very difficult for yourself .

@Hsionde

Anyway, all complaints submitted and I’ve put all the false information in documents next to the real back of our house and labelled it clearly in case there’s any more confusion from the council haha

Anyone else pity the council officer that is going to have to deal this

Wow, I'm interested to see how this goes. I do think that generally, a simple complaint is more likely to get a response.

Hi did this get resolved as I'm having a similar problem.