Planning Permission -can anyone help?

Becks045

I purchased a flat a couple of years ago and since then opposite, a property developer obtained permission to build 180 flats (great!!!) meaning I lose my sea view (I know I'm not entitled to a view but very annoying!).

Anyway to cut a long story short they started to build about 18months ago and have got as far as horrible large concrete blocks and then went bust in January. Its no surprise as the flats they were selling were highly priced for the area.

We are now facing a concrete structure with no idea whats happening. We hoped it would just get knocked down as the planning office haven't actually granted permission its still 'current' on the UK planning portal website. Its apprently 'current' as there was a dispute over the affordable housing.

I've contacted the planning office and they say that the permission stays as granted and the concrete blocks stay for as long as they need to.

My question is that I thought that planning permissions were only granted for a time period (3 years) and if you haven't completed the works you had to reapply and/or put the land back to how it was.

Any help/advice on how we can get this concrete block down?

Thanks so much.

hamblettamaud

i can sympathise with your very annoying situation.

as i understand it, permission to build after consent only lasts five years. the builders must have made a start within that time or else the planning consent lapses. is this what you might mean? otherwise, i don't know if there's an obligation to complete within three years.

hamble

m_13

I think in most cases there is a set level of construction after which the property is considered to have been started and the planning permission then does not expire. For most houses I believe this is after the foundations have been passed by the building inspector.

However, if planning have told you that the blocks are staying then I don't really know what you can do about them.

leveller2911

Developers tend to "get out of the ground" (ie; dig the footings , fill with concrete to DPC level) and then abandon the build until things pick up.Its not unusual to remain like that for a few years im afraid.There is no rule of when the building must be completed and "signed off" as being completed by the building inspectors.I have known buildings that were started 20yrs ago and still not signed off....You have my sympathy,once theyre out of the ground they are deemed as started and as such the 5 yr rule is by passed.

Im sure once things pick up someone will want to complete them so fingers crossed ...;)

Last ditch solution would have been to employ Fred Dibnah but alas he is blowing up chimney stacks for the big man upstairs..

eho

Google the above... Could be detrimental to the amenity of the area if this is this is the only site like this is your road/immediate area! Its usually used for dilapidated buildings etc but as they have not defined amenity I would say that it includes your view!

May be helpful.

Robert_Sterling_3

If you lose your view of the sea you may get your council tax reduced.

planning_officer

Robert_Sterling wrote: »

If you lose your view of the sea you may get your council tax reduced.

No you won't.

Re. the above suggestions - planning permission is granted for 3 years (it used to be 5) - that means work must start within 3 years and ther permission is thereafter valid in perpertuity - there is no requrement at all to finish it within any timescale.

Whilst that clearly doesn't help your situation, there's not a great deal can be done in the short term. A Section 215 Notice can be served if the condition of land/buildings is causing great harm to the amenity of an area - however, given that the Council have presumably given permission for this development, it is highly unlikely that they would serve such a notice and I've never heard of one being served for a development that has in fact been granted planning permission - the Council would be on very sticky ground if they went down that route. 'Amenity' has to be a wider harm than just to one person - it's the amenity of an area.

A Completion Certificate is another option for the Council, which (like it implies!) requires the developer to finish the development within a specified timescale - however they are not common, and as the developer has gone bust that doesn't seem a viable option either, unless it could be served on the landowner instead. The Council would not go down this route lightly and it would not be a short term solution.

If, like you say, the Council haven't in fact issued a decision notice yet for the planning application (due to affordable housing negotiations), then an Enforcement Notice is another option, as the development would be unauthorised - this could make the land owner restore the site - however it's not really a viable option either unfortunately, given that the development is clearly acceptable on the site (obviously once finished, not in its current state).

In summary, there aren't too many viable options - if it really is causing harm to the area (not just for you - the uncompleted development would have to cause a wider visual harm), then you could contact your local councillor - they may be able to speak to land owners or developers to pressure them to complete it, although my hopes aren't really that high, if the developer really has gone bust.