Planning application and roof

gemgemsb · 16 March 2018 at 3:34PM

I have a problem with my planning application that I wanted some advice on.

I’ve done lots off googling and I can’t come up with an answer.

I have just completed on a single story rear extensions and loft conversion, the rear extension and loft conversion was done under permitted development and I have two front dormers that had a full planning application.

The work has been signed off by building control, but the neighbour has complained about the materials that we have used on the roof which we had replaced. We are Semi detached and the roof tiles do not match now. The original roof had red clay tiles and we have used black concrete tiles with a differing profile.

The issue has arisen when my architect has submitted the planning application they have put on the application that the existing roof was black slate tiles (which they weren’t) and that there are to be new black slate tiles to match existing. The council have not invalidated the application for being incorrect which I believe they should have done. When the decision notice was issued it stated that “the materials to be used in the construction of the external surfaces of the building shall match those used in the existing building” However the approved plans show black slate tiles.

The approved plans and the decision notice are contradictory, does anyone know which one trumps which? Do I have permission to use black tiles as per the plans or does the decision notice overrule this?

Can my neighbour make me re roof my house and if so, who is at fault, is it the Architect for submitting conflicting information, the council for not picking it up or the builder for not following the terms in the decision notice. Or me for being a total novice at this and not knowing what I am doing. Also my neighbour is insisting in getting a surveyor involved in everything – am I liable to pay his fees?

No one seems to know the answer, my architect is saying that I have permission for the black tiles, my builder is saying that I may have to submit a material amendment and both have told me not to speak to the council at the moment. Help I’m really stressed out at the whole thing and don’t have the money to pay for a new roof, I’m 9 months pregnant and I’m not sleeping L

lincroft1710 · 16 March 2018 at 3:53PM

Your neighbour can't make you do anything.

It appears that the planners never visited the site. Your architect is at fault for submitting an inaccurate application and you and the architect are probably both at fault for not re-submitting (or at least informing the planners and building control of the error) when you became aware of the inacccuracy.

teneighty · 16 March 2018 at 4:13PM

Is the main roof or just the extension roof?

Either way your "architect" is in deep doo doo. As well as the plans the application form requires details of existing and proposed materials so did they get that wrong as well? How did you and the builder not notice the roof tiles were a different colour and profile from the original and other half of the semi when they started going on?

You have got 2 choices. Wait and see if Planners take enforcement action and try an appeal. Or submit a new application with the new roof tiles and hope the Planners approve it or if not try an appeal.

gemgemsb · 16 March 2018 at 4:22PM

The extension roof is a flat roof so its just the existing roof that we replaced.

Yes that's what I meant the application form states existing is black slate which it isn't, the plans just state back roof slates and nothing about them matching the existing. The planners definitely visited the property when the application went in, but didn't pick up the error in the application

I only found out about the discrepancy on the planning application today so I've not had a chance to submit a an amendment.

I did notice that the tiles were different but as I had approved plans showing the proposed rood tiles I didn't think it was an issue.

So the council may make me re-roof the property?

lincroft1710 · 16 March 2018 at 4:29PM

So the planners are colour-blind? Or don't read planning applications properly.

They seem equally to blame. This could be very embarrassing for them

Cheeky_Monkey · 16 March 2018 at 4:30PM

gemgemsb wrote: »

So the council may make me re-roof the property?

Potentially, yes. Although how likely that is is anyone's guess. It may also depend on how much trouble your attached neighbour wants to make for you.

I must admit, I do have sympathy for your neighbour - your shared roof must look ridiculous :eek:

Cheeky_Monkey · 16 March 2018 at 4:33PM

lincroft1710 wrote: »

So the planners are colour-blind? Or don't read planning applications properly.

It was without doubt the architect's mistake and I don't think there's anything to be gained by trying to shift the blame from the architect to the planner who carried out the site visit.

lincroft1710 · 16 March 2018 at 4:36PM

Cheeky_Monkey wrote: »

It was without doubt the architect's mistake and I don't think there's anything to be gained by trying to shift the blame from the architect to the planner who carried out the site visit.

No argument that it was the architect's mistake, but the planners didn't spot it

gemgemsb · 16 March 2018 at 4:40PM

Thanks everyone I'm just trying to work our who I need to be making the complaint too .

I think the best course of action is to speak to the planning department and see what they advise. I'm kicking myself for not picking this up. I genuinely wouldn't have had a roof installed that I didn't think was allowed.

Its also annoying that they neighbour has waited until the project has finished to complain, had he done so at the start I would have been able to resolve the issue much easier

Cheeky_Monkey · 16 March 2018 at 4:50PM

lincroft1710 wrote: »

No argument that it was the architect's mistake, but the planners didn't spot it

Neither did the OP!!

lincroft1710 · 16 March 2018 at 5:00PM

Cheeky_Monkey wrote: »

Neither did the OP!!

The architect made an error

The planners didn't spot it

The owner didn't raise the question of "why are these roof tiles a different colour?"

The builder didn't raise the question of "why are these roof tiles a different colour?"

The neighbour didn't complain until after the job was completed.

Building Control have signed the work off, so happy with non matching roofline.

Anyone else involved??

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Planning application and roof

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