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Planning Dispute - Help Please

maachud Posts: 3 Newbie

7 August 2011 at 5:44PM in House buying, renting & selling

We had planning approval in 2009 for a renovation project. The work is complete but our neighbour has complained about the ground levels visible from their house.
The ground level is exactly as was approved in the planning approval.
The council are now saying we have to lower the ground levels due to the 'amenity' impact on our neighbour, this despite the planning office supporting our position!
Can the council retrospectively change our planning approval from 2009?
Thx

Comments

JingleJangle Posts: 80 Forumite

7 August 2011 at 5:53PM

Did the council come and check that it had been built according to the plans?

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Debt_Free_Chick Posts: 13,276 Forumite

7 August 2011 at 6:21PM

...despite the planning office supporting our position!
Can the council retrospectively change our planning approval from 2009?

Which part of the Council has changed the planning approval?

Warning ..... I'm a peri-menopausal axe-wielding maniac
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maachud Posts: 3 Newbie

7 August 2011 at 8:05PM

Thx for responding.
Yes council has seen site and confirmed to plan (slightly lower in fact than on plan).
It is the Planning Committee that is over-ruling the planning office upon appeal from the neighbour.
The planning office have accepted work and recommended no further action required.
The committee (local councillors and those responsible for the planning office) is saying otherwise.

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Yorkie1 Posts: 12,117 Forumite

7 August 2011 at 8:57PM

I don't know the answer to your question. It seems grossly unfair for you to be put to the risk of further expense because your neighbour didn't make the right objections at the right time, and because the councillors don't have the backbone to stick to what was agreed.

But a couple of random thoughts are as follows. Is it worth considering speaking to a planning consultant about this in order to help you fight your corner if necessary with the council? If you don't get the council to agree with the original plans and have gone through their complaints procedure, consider the LGO:
http://www.lgo.org.uk/making-a-complaint/what-we-can-look-at/

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tyler80 Posts: 364 Forumite

7 August 2011 at 9:23PM

If you got the planning permission and the building work has been completed according to plans then there is nothing that your neighbour or the planning committee can do. I'm a bit confused to what's going on to be honest.

This is all presuming you're England and Wales

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Doozergirl Posts: 34,078 Forumite

7 August 2011 at 10:27PM

tyler80 wrote: »

If you got the planning permission and the building work has been completed according to plans then there is nothing that your neighbour or the planning committee can do. I'm a bit confused to what's going on to be honest.

I agree, both bits. If it's built according to an approved plan, they can't overturn it. That goes totally against the way it works in E&W.

They can enforce, but again, only if it does not comply with the Planning Permission in place. I don't understand how it's managed to get to a Planning Committee?

I'd ask here:
http://www.gardenlaw.co.uk/phpBB2/index.php

Everything that is supposed to be in heaven is already here on earth.

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JQ. Posts: 1,919 Forumite

7 August 2011 at 11:12PM

I can't offer any help, but it does sound like your neighbour has a friend on the Planning Committee. Could you make an official complaint about the Planning Committee over-reaching their remit and potential corruption - make their life as uncomfortable as yours.

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clutton_2 Posts: 11,149 Forumite

8 August 2011 at 8:52AM

what works would be involved with lowering the ground ?

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KRB2725 Posts: 685 Forumite

8 August 2011 at 9:13AM

Unless you didn't comply with planning permission (which it sounds as though you did), then I just cannot see how this can be over ruled?
I take it the council are also offering to pay for the rectification works, as they are obviously saying that their decision is wrong.

I wouldn't budge an inch. Simply cannot believe they are allowed to do this. Undermines the whole planning process, which includes neighbour objections.

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pinkshoes Posts: 20,593 Forumite

8 August 2011 at 9:54AM

I can't see how anyone can now object after it's been completed to the agreed plans.

If there's any compromise to be made, then I'd be wanting either the council or the neighbour to pay for it with compensation for any disruption!

Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')

No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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