Council ignoring planning Inspectors decision

usignuolo

If a house extension has gone to a hearing by a Planning Inspector who has granted permission for it to remain, subject to it being reduced in size within 3 years of granting permission, and this does not happen, can council enforcement department decide not to enforce this condition? Is enforcement optional in other words? What happens if house is sold in the meantime?

paulsin

Any council enforcement on an extension that was built too big, or without permission would be picked up by the solicitor of a prospective purchaser, very easily. I could find it out myself, as I check full planning history of all properties I'm interested in. If you don;t amend it within 3 years, then they may service you with a notice of demolition. Best thing is to reduce it in size. If its built it without planning permission then consider yourself let off and make the changes.

I would find it odd that a council would ignore the adivce of a planning inspector. If its not sorted in time then make sure you complain and they would find it difficult not to enforce. As its only notice to amend I would imagine that they would give them an extra year or so.

Just for a note. If I was a councillor, all building work done without planning permission would be demolished the following day

lonestar1

With the way lots of councils departments dont know what each other are doing Im glad your not my councillor My council tax would go through the roof with all the compensation the council would be paying out for knocking down buildings which actually did have PP

planning_officer

Yes the council have to enforce this. Planning permission/enforcement action etc run with the land, so it makes no difference if the house is sold - the new owner is responsible. However, no Inspector would EVER allow an appeal on the condition that something is reduced in size within 3 years - they simply can't do that. So I think you may have your wires crossed somewhere.

paulsin

lonestar1 wrote: »

My council tax would go through the roof with all the compensation the council would be paying out for knocking down buildings which actually did have PP

Which is why I said for buildings without planning permission