Planning application and roof

teneighty

I believe the Planning Decision notice takes precedence so the comment “the materials to be used in the construction of the external surfaces of the building shall match those used in the existing building” trumps the plans and everything else.

It is a tricky one though so you are probably best off talking to a planning consultant to get some professional advice.

gemgemsb

No one else involved.


Your right I didn't spot the error on the application which I never had sight of when it was submitted, but I naively thought that the architect who I paid to submit the planning application knew what he was doing, I also thought that the planning department or building control would have raised any issues. These people are the professionals here which is why I thought I was paying them.


I did notice the roof tiles were different but I thought that given they were indicated on the approved plans they were allowed. There are a number of semi detached properties down our road that have different colour roofs. I wasn't aware it was an issue given this


Thank you for your advice teneighty

eddddy

The Planning Authority can revoke planning consent, if there was a material inaccuracy in the information given in the application (I think).

So if that happens, you would need to make a new retrospective planning application.

If the new application is rejected, you would probably have to amend the new planning application to specify red clay tiles - and hopefully it would then be passed. And you would have to re-tile your roof.


So... you can either do nothing, and see if your neighbour (or somebody else) complains to the planning authority. If nobody complains for 4 years, you should be able to keep the roof as it is.

Or... you can raise the issue with the planning authority yourself.


The planning authority will decide whether this is serious enough to be 'materially inaccurate' information. I suspect that your architect will want to argue with them about this.

Cheeky_Monkey

I suspect that the neighbour will kick up such a stink that the Council will take action against the breach and make the OP re-roof in matching red clay tiles.

Should that happen, if it were me, I would sue the architect for the cost of doing so.

teneighty

eddddy wrote: »

The Planning Authority can revoke planning consent, if there was a material inaccuracy in the information given in the application (I think).

So if that happens, you would need to make a new retrospective planning application.

If the new application is rejected, you would probably have to amend the new planning application to specify red clay tiles - and hopefully it would then be passed. And you would have to re-tile your roof.


So... you can either do nothing, and see if your neighbour (or somebody else) complains to the planning authority. If nobody complains for 4 years, you should be able to keep the roof as it is.

Or... you can raise the issue with the planning authority yourself.


The planning authority will decide whether this is serious enough to be 'materially inaccurate' information. I suspect that your architect will want to argue with them about this.

Quick clarification. If the comment “the materials to be used in the construction of the external surfaces of the building shall match those used in the existing building” was a condition on the approval notice then it is 10 years not 4 as it is breach of a condition, not lack of planning permission.

teneighty

gemgemsb wrote: »

No one else involved.


Your right I didn't spot the error on the application which I never had sight of when it was submitted, but I naively thought that the architect who I paid to submit the planning application knew what he was doing, I also thought that the planning department or building control would have raised any issues. These people are the professionals here which is why I thought I was paying them.


I did notice the roof tiles were different but I thought that given they were indicated on the approved plans they were allowed. There are a number of semi detached properties down our road that have different colour roofs. I wasn't aware it was an issue given this


Thank you for your advice teneighty

It might not be an issue. The planners might decide it is a trivial matter and not worth taking enforcement action. You would be surprised what they turn a blind eye to. They might make noises like they are going to take action to try and scare you in to submitting a new application but enforcement action is actually quite rare and usually only for serious breaches.

If other houses in the street have the same mis-matched roof tiles on one half of a pair of semi's that greatly helps your case.

Your "architect" is still a plonker though.

gemgemsb

thanks everyone looks like either way I'm in for a stressful time.


The architect is saying that its the planning departments fault but then again they would


With going off on maternity leave I won't have the funds to be suing anyone. Looks like the roof will need replacing my only hope is that the builder takes pity on me and will do it at cost.


Just to clarify had I just replaced the roof without any building work would I have needed to get planning permission? I don't understand how other properties in the road have got away with having miss matched roofs

gemgemsb

My architect definitely is a plonker

hazyjo

Was it definitely the original roof?


Any chance there might have been another one before - and might that have been something other than red?

Beardmidget

I’m not sure whether the roof tile material requires planning permission or not- certainly it’s not necessarily uncommon for people to replace with what they like, though these days it is typically an upgrade rather than downgrade from red tile to concrete...

Your builder went with concrete because it’s cheap and easy, and there is an argument which suggests that he should have either used black slate (as that’s in the pp) or red tile...

In the end the main questions should be a) will the LA enforce a change (seems unlikely) and b) can you live with your neighbor’s displeasure?

If you do have to replace, (and I think B might well be a good reason to cave), then you should write to your architect and ask them how they intend to make it right. That’ll cost about £0.50 for a stamp. If you get nowhere you could go on to take Moneyclaim online action which will alloy you to ask for up to £5k (I think) without any lawyers fee and just a small charge for lodging the claim.