Retrospective planning permission rejected, what happens next?

[Shopaholic100]

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?

Given that the impact on your home is so emphatically documented, I think you should start agitating about this now. Contact planning (in writing) and let them know you are on it. Ask for process and timescale. On the date of the next deadline contact again and ask it there is either an appeal or an enforcement notice. At this stage write to your local ward councillors (in fact, do that now) and ask what is being done. Quote was was said in the refusal of retrospective permission. Then at the first sign of faffing about or inaction write to your MP.

Your neighbours could also submit a revised application in an attempt to overcome the Council's objections eg make the extension shorter, or reduce height etc. The Council have to consider this, and this can delay the process.

The four year rule means that enforcement action can't be taken after that time unless the process has already started. You need to press for an enforcement notice to be served. It is a good idea to get your local councillors on board.

Planning enforcement is a discretionary power so some councils may decide it is not expedient to take action. If that happens you could chance making a complaint to the council and then on to the ombudsman but if the council can provide reasons why they decided not to pursue the enforcement there’s not much that can be done

The fact that they have refused planning permission for the extension makes it very hard for them to argue against enforcement action. It may not be full demolition, but I think they have to pursue some sort of alterations as a minimum.

The council might serve an enforcement notice, but they have to let them have the right to appeal. You get 6 months to start an appeal, the average written reps appeal takes 23 weeks or something silly, then if the appeal is dismissed, the Council can serve an enforcement notice, which again can be appealed. It’s tiresome for all involved. The Council can also choose to give them a realistic timescale for enforcement if they are pleading poverty as they want a successful outcome ie the development removed, so they might agree with a time limit of 12 month, or example to get compliance.

Don’t blame the planners. Blame the government for a) the Planning Acts b) not funding local government properly.

Keep onto your local councillor though. Do it now before your neighbour starts their campaign....

@PresentingPercy

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?

They haven’t dug proper foundations it’s not a high quality extension more a botch job. There was a huge hole in the base, which was visible from my side. It took months to convince her to have it filled in. If she can’t see it she doesn’t care.

I’m ashamed to say I’ve let my kindness be used against me. Unfortunately if you’re nice to your neighbours it’s seen as a weakness. Give an inch they’ll take a mile.

Foundations will be a matter for Building Control, not planning. Another complication of the system.

The Council can absolutely serve an EN without waiting for a planning appeal to be lodged. The neighbours can appeal both at the same time - the Planning Inspectorate will then join the Appeals so that they can be considered as one by the same Inspector. I would push for this to happen with both the Council and your local councillors.

I was getting at the fact work was started and nothing was reported. Even if the foundations are sub standard, work started. That’s when you should complain to the planning authority.

@Checkingout811

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.

Work on the build started during lockdown one, it is still not fully complete. The kitchen is in the middle of the house so should not be impacted.

I’ve had an email from the council saying they will follow work undertaken through their Building Control enforcement process and my email has been shared with their colleagues in planning enforcement who will follow up the refusal of retrospective planning permission.

I am going to write to my local councillors today, I really feel by not enforcing this, they are setting a precedent. Do I contact my local ward councillors? Or does it need to be someone who deals with planning?

Your Local ward Councillors will be fine.
You should be able to find out who is on the planning committee through the Council website. You could copy in the Chairman of the Planning Committee as well if you wanted.

One of your ward councillors may sit on the planning committee.

I wouldn't celebrate yet OP, could be 5 years before anything actually happpens.

re planning meetings by local councils -our local town council does these meetings by zoom & you can "attend" meetings & give representation if you ask pre meeting (by email think)

doh I think! anyone can view these meetings without doing representation

I know of an entire house that was refused retrospective PP in 2014 - they had PP for a single storey outbuilding like a double garage and built a 5 bedroom house. It's still there going through all the appeals and stalling while he rents it out on a room basis to some fairly undesirable types. Currently has 10 adults living there.

@TentTalk no celebration parties planned yet. I know she will drag her feet. The weird thing is I actually got on with her before her building obsession and the deceitful way she went about it. After months of been made to feel like I’m the one in the wrong, it just feels good that the council also agree about the negative effects of the build and the strong words they have used to describe it.

I’ll get in touch with my local ward councillors and cc the chairman of the planning committee. I’m not anti building work my neighbours on the other side had a small extension and loft conversion done too and we had no issues as they were considerate, kept us informed and dealt with issues in a timely manner.

Looks like it’s going to be a long drawn out process. 😩

We’ve been battling our planning enforcement for about 8 years now, with regards to a local business over the road who ignore all the regulations laid out in their planning permission. The whole thing just seems to be a real farce if I am honest!

@puffylovett, that’s a long time, hope it works out soon.

Just sent out the emails to the ward councillors and chair of the planning committee. I also have a contact at the council planning department who has said they will keep me updated. Just pre warned me it could take a while, which I was aware of from the posts on here.

You're right about not being too nice, my new neighbours bought next door with a view to extending and suggested they move our boundary as their garden had to be a certain width apparently to fit in with their plans.

I think they expected me to be intimidated into agreeing.

Best of luck with yours Op.

I’m so glad I stumbled across this question. This has happened with our neighbour, they have raised the party wall in order to raise their ceiling in their extension above the eaves height of their bungalow. Our garden is only 4.5m wide & they have added an extension of 5m, which extends 2.5m beyond our boundary. Their retrospective planning has also been refused because of loss of light, overshadowing, and the tunnelling affect created by the length & height of the build. We didn’t object to their original plans, I only wish we had! They haven’t protected the roof properly and our property has been damaged with water coming in. We engaged a boundary surveyor and found out that they have also built onto our land by an extra 27cm, it may not sound a lot but we now cannot get our fence & post back into the gap. The survey also showed that they had built astride the party wall, they stated that they were building wholly on their land…. And the council don’t want to know. We feel as if we are at our wits end! They even pulled up the low boundary wall in the front garden and planted hedging there, and we know they won’t keep it trimmed. Their back garden wraps around us to the back and they planted laurels which are so high they are blocking our light, but they won’t keep them trimmed, so consequently we have lost light on 2 sides. It seems as though the only solution is to take them to court to get an injunction! The photo attached was taken in September 23 and since then they have also added a lantern (even though they were advised not to carry on) to the roof. The white wall was the original extension with a flat roof on top. If they had followed this height along we wouldn’t have had a problem.
Thanks for all the answers, they have been most helpful