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Original poster

Retrospective planning permission rejected, what happens next?

47 replies

Shopaholic100 · 21/05/2021 18:32

I’ve just discovered online, that my neighbours retrospective planning permission for their huge rear extension has been rejected. The inspector has clearly identified that the building has a detrimental effect on my property, in terms of light, visual intrusion etc. I’m actually so pleased. They didn’t inform us before they started the work and it feels good that the inspector was so critical and the impact on us, without me saying anything. The neighbours are serial builders, with no consideration and have put us through hell over the last year.

Does anyone have any experience?

OP posts:
Unreasonabubble · 21/05/2021 18:41

It means that their one and only attempt for planning permission has been a failure. They can try to appeal if they believe that they did the building work under current and correct legislation. Not many win those appeals. The Council will now issue them with an enforcement notice and they will have to put their property back as to what it was before they extended it.

Original poster
Shopaholic100 · 21/05/2021 18:53

I really hope so. Do you work in building regulations unreasonabubble or have you had personal experience?

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Original poster
Shopaholic100 · 21/05/2021 20:26

Anyone else been through this?

OP posts:
MNHQ
DawnMumsnet · 22/05/2021 10:56

We're just moving this thread over to our Property/DIY topic and giving it a bump for the OP.

Rubytinsleslippers · 22/05/2021 10:59

Yes. Not me but know of a house where this happened. The council made them remove a gigantic extension they would never had got permission for but built anyway. They eventually put a time limit on removal as they appealed then stalled over removal.

ivegotdreadfulpmttoday · 22/05/2021 11:03

Do these things ever get enforced though? There's a CF in my area who just builds whatever he likes and then applies for a certificate of lawful development. He has been given demolition orders but manageds to dodge them every time.

Africa2go · 22/05/2021 11:06

There's a story in the news about houses in Bolton having to be demolished as they weren't built in accordance with the planning permission. They've been given a year to demolish them. Slightly different situation to yours but its been an on going saga for years. Hope you get the resolution you want but I don't imagine it'll happen quickly.

user1493494961 · 22/05/2021 11:06

Someone local to me has been trying for two years to overturn the retrospective planning permission rejection and has just won his case.

LIZS · 22/05/2021 11:10

They can appeal I'm afraid and stall enforcement notice.

SionnachGlic · 22/05/2021 11:12

They can appeal that decision presumably. You need to keep in contact with planning office so as to keep informed as to next steps. I'm glad that planners are conscientous & active in your area regarding compliance. Too many ride roughshot over regulations without a care for neighbours, community or environment. If people fail to follow the building regulations they should be required to remove the unauthorised building/extension etc...of course once the appeals process is completed. And get hit with the costs if they are on the losing end.

Original poster
Shopaholic100 · 22/05/2021 11:17

@user1493494961

Someone local to me has been trying for two years to overturn the retrospective planning permission rejection and has just won his case.
Did they have to make any changes in order to appeal?
OP posts:
Evidencebased · 22/05/2021 11:24

Whether a council actually takes enforcement action varies a lot.

At this point I would be contacting local councillors, to state your side of the issue, and try to gain their support.

Original poster
Shopaholic100 · 22/05/2021 11:26

@SionnachGlic

They can appeal that decision presumably. You need to keep in contact with planning office so as to keep informed as to next steps. I'm glad that planners are conscientous & active in your area regarding compliance. Too many ride roughshot over regulations without a care for neighbours, community or environment. If people fail to follow the building regulations they should be required to remove the unauthorised building/extension etc...of course once the appeals process is completed. And get hit with the costs if they are on the losing end.
They can appeal but the portal says they haven’t yet. I’m not going to remind them either. I have written an email to the planning department saying I fully agree with their findings. This is a neighbour who kept saying go to the council, they won’t do anything, so I’m so pleased they actually did. They did a retrospective planning permission because they thought it would be easier to push through. The reason for the rejection specifically mentions the effect on our property in harsh terms. How easy is it to get the judgement overturned?
OP posts:
LIZS · 22/05/2021 11:32

Not that easy and potentially costly. If they feel strongly a lawyer can pick holes in council procedure and whether guidelines are correctly applied. Did it go to Planning Committee? If so the discussion and minutes should be publicly available,

Original poster
Shopaholic100 · 22/05/2021 11:51

I’m not sure if it went to planning committee. I just had a look on the planning portal and it said it was refused a week and a half ago. I’ve emailed planning and left a voice message too, so should hear back next week hopefully. Everyone is working from home so you can’t contact anyone by phone.

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Original poster
Shopaholic100 · 22/05/2021 11:55

@SionnachGlic, I agree with you totally.

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LIZS · 22/05/2021 12:12

The decision letter should say. Was it listed on the last planning committee agenda?

NewHouseNewMe · 22/05/2021 12:52

I'm delighted that the retrospective planning has been refused and hope it stays that way. The loophole is too big and often councils capitulate rather than face the cost of legal action. It sounds like your council has teeth.

UpTheJunktion · 22/05/2021 14:29

You should be able to find the papers and the minutes for the planning meeting on the council website.

I would now be finding out from the council what the next steps are and timescale, and pushing for enforcement.

Good luck!

UpTheJunktion · 22/05/2021 14:30

Are any other neighbours impacted? Team up with them to press for enforcement.

Donitta · 22/05/2021 14:33

They can appeal. If they don’t appeal (or lose the appeal) the council will tell them to remove it. In my experience though, the council issues the removal notice and then sits back and doesn’t enforce it. There’s a house in my village that was served with a notice to remove a driveway they built without permission, that was 8 years ago and they haven’t removed it and the council is just letting them get away with it. So if your neighbours don’t comply then you will really have to pester the council to enforce it.

Seeline · 22/05/2021 14:48

The next step should be the Council issuing an Enforcement Notice. This should set out the Council's requirements and the timescale. This may not require total demolition. If the Council consider that steps can be taken to make the development acceptable, the Notice can require that.

Your neighbour has the right to appeal the refusal of planning permission. He also has the right to appeal against any EN.

These appeals are submitted to the Planning Inspectorate, and are decided by an independent Inspector.

If his appeals fail, the Council may have to go to court to make him comply with the E.N. It can become a very complicated, drawn out process, and expensive for the Council.

Original poster
Shopaholic100 · 22/05/2021 18:31

The neighbour is always crying poverty, whilst starting the next building project, if she says she can’t afford to demolish it, will this be taken into account? Looks like I’m going to have to stay on top of this. Thanks for all your useful advice, it’s really helped. Any more advice is welcome. I have to say I’m actually quite pleasantly shocked the council have refused, as they aren’t usually well known for this. I really hope they do clamp down and send a clear message to all those who don’t think the rules apply to them.

OP posts:
PresentingPercy · 22/05/2021 18:58

Planning enforcement doesn’t consider affordability. However the process is long and drawn out. Why didn’t anyone alert the council to a building going up without pp much earlier? When the foundations were being dug for example?

Checkingout811 · 22/05/2021 19:01

How long has it been up for? In our city, if it’s been up longer than 4 years they don’t enforce removal. Also if it provides something they don’t have elsewhere in the house.
My mother has worked in planning for 30+ years.
So if it’s a kitchen and they don’t have any other kitchens, they won’t be made to demolish it.
There are lots of loopholes and 9/10 the aren’t demolished. Just don’t get your hopes up.