Planning Permission Discrepancy - Enforcement

[allewitor]

Can anybody tell whether enforcement action can be taken on a new building that has exceeded the approximate dimensions that were details on original plans.

The facts: an existing building that is measured at approximately 11.65m with planning consent to add a further 2 storeys detailed at approx an additional 7.4m, creating a total overall height of approximately 19.04m, after construction building is now measuring 19.65m.

[pdk]

It sounds as if it is open to enforcement action, and this would be especiallyy the case if there is a condition on the PP that requires that the drawings are adhered to... But the taking of enforcement action is discretionary on the Council's part and they should generally only do so if there is some sort of adverse affect. Enforcement action for building works cannot occur after 4 years...

Hope that helps!!

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

[allewitor]

Thanks for your response. This project was always going to be difficult as it was recommended for refusal by planners but passed by Committee. It is surrounded by listed buildings, but was always going to be taller and more impressive than them by a huge amount.

The outcome is that even if the building was reduced by the over build it would still dwarf the surrounding buildings, if action was taken it would be to make a point rather than to reduce the impact.

Should we stay firm and suggest we will make retrospective planning or agree to take down complete structure and rebuild as constructed in timber frame which arrived in kit form.

Property has decorative dome which could be removed to adhere to original height limits.

[pdk]

I think you should take on a good planning consultant and/or conservation expert. He/she will assess the changes against the original PP and advise on whether they're good enough to retain and get PP for. You will also need an early discussion with the Council. Are the latter aware of the situation?

PETER


NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD , WORKING WITH INVESTORS , and PROJECT TYPES...

[allewitor]

Thanks Peter. It is the latter that have been on site and suggested that we are 1.5m over, but on returning have agreed that we are 470mm over. They are very jumpy over construction as it has featured in local press with negative dialogue from local resident.

We think they are concerned that they may be considered to be turning a blind eye, therfore request we make retrospective app and stop working for 8 weeks. Have contacted Planning Specialist, who ironically use to be Enforcement Manager!

Will keep you posted.

[pdk]

Thats great... don't forget, don't juts chuck a Planning app in.. NEGOTIATE IT FIRST.... a refusal might strengthen the council's resolve to take action...

Where is the site??

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD , WORKING WITH INVESTORS , and PROJECT TYPES...