Enforcing Planning Conditions

[PPQ123]

I keep typing this and it doesn't work so I'll just test this here.....

I can see it!

This is driving me insane, my first tiny post appeared, the big post disappeared again! Basically, how likely is it that a planning dept will actually enforce conditions, particularly when it says that a structure must be demolished if one of the conditions isn't complied with within 6 months (I'll do another post in a sec with further details)

Condition 1: Build in accordance with block plan. It's been built 20 feet away.
Condition 2: Build in accordance with elevations, showing solid back and sides. It has large windows.
Conditon 3: Specifically says building must be demolished if not reroofed in shingles within 6 months., 5 months on it still has a corrugated plastic roof.....

Condition 4: Must put in a landscaping plan and do landscaping in accordance with it. They havent done that yet either.
Cond. 5: put in wildlife habitats eg bug hotels. Can't see any.

Sorry for spamming, seems to be the only way to get this loaded.
So my question is, is it likely that the council will actually force them to demolish the structure or will they just get a gentle pat on the head (they built it without PP then had to apply retrospectively when I shopped them).

It probably varies by council. Eg where I live it would be enforced rapidly. However where DB lives a building which doesn't comply with many conditions has been standing for over twenty years.

Depends on the council. Try and find out if any of your local councillors are sticklers for the rules and get them on board.

It takes ages to enforce planning conditions, costs money and time in court, and rarely does the council give a shit unless it’s a big issue or a high profile case with lots of interested parties. They are more likely to just nudge them to comply, or just ignore it entirely.

@Bharath Really? That's a bit disheartening.

What is the actual point of having planning rules....

thanks all.

The roof is likely to be the most enforceable but they would likely allow an extension, pretty sure bug hotels would not be a high priority for enforcement

Do check your local council's planning enforcement policy. Mine has a lot of weasel words. But they did make someone rebuild a Victorian façade brick by brick when it was demolished a few years back.

@gogohmm Thanks. Strangely the roof and the landscaping ones are the only ones which say the building must be demolished if not complied with.
I would have thought the fact that it's been built 20 feet away from where the block plan says it should be would have been more of a big deal tbc...

Depends how robust and busy your planning enforcement team are. Obviously you cannot enforce time limits which have not been reached and there may be delays which have allowed such more leeway. However location, windows etc should conform.

What is the building?

Things like windows the Council can consider whether they are harmful to residents due to overlooking, in which case they will enforce. If they think there isn't any harm they will just ask for an application to relax the condition. You still have the right to object to such applications.
If the condition re- roofing was imposed, the Council must have a really good reason for imposing it. If it hasn't been complied with, then they should enforce that.
Your best bet is to report to the case officer that dealt with the application as well as the Enforcement Officer.

I would have thought the fact that it's been built 20 feet away from where the block plan says it should be would have been more of a big deal tbc...

You said the application was retrospective so surely the position of the building was already established at the time of the application? The block plan submitted was therefore incorrect at the time unless the Council wanted it demolished and relocated which isn't the same thing.

Thanks all. @Seeline it's a very large open fronted shed/pavilion used for hospitality. My issue is that it's extremely noisy.
Thank you for your advice to report it both to the case officer and the enforcement officer.
I'll wait until the 6 months is up then report to both.

@Seeline Very good point. I just thought it was odd that they specifically mention the plan by reference, which shows that it should be in the pub garden itself. As they don't specifically say that it must be demolished if that aspect doesn't comply I suspect that the case officer just hasn't twigged that the plan doesn't match reality.

If it's a business use, then I think Councils often take a tougher line than with domestic/residential breaches.
It's definitely worth reporting.
If you don't get much assistance from the Officers, then approach your local Councillor to put your case.

There is always a condition that says something along the lines of the development must be carried out in accordance with the approved plans, and then all the relevant plans are listed. It helps avoid arguments later when builders etc start working from plans that have been updated several times since approval was given....

You’re a star @Seeline thank you very much

Contact your local councillor and get them to raise a planning query about it. I'm on our local community council and that's what we do, pass on any queries complaints to our local county councillor ( who conveniently is on the planning committee). Planning officers employed by councils usually have a horrendous workload and you need someone in the council to help get your problem to the tip of the pile

@Wbeezer good shout, thank you