Neighbours building without planning permission

Supersonos

clive0510 said:

if, as you say in your o/p, the neighbours on the other side were not allowed there extension, then surely this one shouldn't be. so it really needs to be reported IMO. 

I'm confident it'll be rejected.  And I would like them to stop the work if it is to be rejected purely to protect the integrity of the property (the properties are all beautiful, early 19th century and the area is very "untouched") as they've already knocked out a wall and removed door and a couple of windows - and who knows what they're up to inside.  But I don't want to risk neighbourly relations for something that is ultimately none of my business.

Jeepers_Creepers

Supersonos said:

We haven't been informed by anyone and neither have the neighbours on the other side (who we're very friendly with and have enjoyed gossiping about it!).  Noticed the work and wondered what they were doing, so went onto the council's planning portal and found the details on there.

Blimey! When was it put on the portal? I'm not sure how quick Planning is at getting the process going - sending out letters of intent to affected neighbours, etc - but I'd have thought that would be quite soon in the order of things as it's an easy admin job?

I wonder if the fact they've yet to send these letters means they feel there's 'no need' as they simply have no intention in entertaining it in the first place?! Complete speculation, of course.

I have to say, I've come round in my opinion now. If this is the lovely conservation area you describe with houses very much in keeping, then you knew that planning was restricted when you bought your place - as did your neighb? I presume you didn't buy with the thought "I wonder if I can push an extension through Planning..."? A phone call or email - from an account that doesn't indicate named ownership if you wish - bringing the facts to the LA's attention probably wouldn't go amiss. If you and at least one other neighb are talking about this extension, then it's effectively 'out there'. If the building neighb wants to assume it was you and becomes shirty, that his call.

Mickey666

What does the neighbour who had their planning application refused think about it all?
I'd have thought they'd be fairly aggrieved if this planning application was approved, so are they not intending to do speak with the council about this?
I understand the OP is not directly affected, but it's certainly a 'snub' to the neighbour who at least followed the system and was refused.

Supersonos

Jeepers_Creepers said:

Supersonos said:

We haven't been informed by anyone and neither have the neighbours on the other side (who we're very friendly with and have enjoyed gossiping about it!).  Noticed the work and wondered what they were doing, so went onto the council's planning portal and found the details on there.

Blimey! When was it put on the portal? I'm not sure how quick Planning is at getting the process going - sending out letters of intent to affected neighbours, etc - but I'd have thought that would be quite soon in the order of things as it's an easy admin job?

It went on just before xmas. You say we should have received a letter, but we didn't when the other neighbours applied.  We found out about their application (and subsequent refusal) several months after it had all happened.

I guess our local council doesn't bother informing neighbours by post and just expects us to find out online.

Supersonos

Mickey666 said:

What does the neighbour who had their planning application refused think about it all?
I'd have thought they'd be fairly aggrieved if this planning application was approved, so are they not intending to do speak with the council about this?
I understand the OP is not directly affected, but it's certainly a 'snub' to the neighbour who at least followed the system and was refused.

I'm not sure - they're an odd couple who don't really mix with the rest of the neighbours.  But if I were them I'd be on the phone to the council straight away. 

Supersonos

Update:  The Heritage Dept has now reported and mirror's the Parish Council decision to object to the extension.  So I'm still confident it'll be rejected.

But the extension is going up SO QUICKLY.  I've never seen building works happen so fast!  It looks almost finished.  So I'm now wondering if the owners are doing it so quickly because the know something...  If it's completed before the decision, does that somehow mean they can keep it?  Or is it something like the council must then take legal action to have it demolished and this could take several years and just get dropped?

DevilDamo

Supersonos said:

If it's completed before the decision, does that somehow mean they can keep it?  Or is it something like the council must then take legal action to have it demolished and this could take several years and just get dropped?

Any works that start or complete prior to receiving Planning approval are at risk of enforcement action, which would involve the works being stopped or pulled down. If a refusal is issued, the applicants have the opportunity to re-submit a revised application (which can take another 8 weeks). Failing that for the second time, they could submit an Appeal, which can take a few months. The LPA may in the meantime choose to serve an Enforcement Notice, which again... the applicants could choose to appeal. If all those avenues fail, the applicants would be given a time limit to pull down the unauthorised extension. Not complying with Enforcement Action within a stated timeframe could go to court, again more time.

All of this takes time and it’s really just delaying the inevitable.

TELLIT01

Completing without planning permission certainly does not mean they will be able to keep it if the application is rejected.  In the situation outlined here I would expect enforcement action to follow.

On the subject of being contacted by the planning department to advise of an application - we only knew our neighbours were having work done because they called round to tell us they had a planning application in and to explain what they were having done.  They didn't want us to get a letter from the planning department out of the blue.  They needn't have worried as we never received anything!

Jeepers_Creepers

It could go either way.

If no-one else in the area objects, that will help the neighbour's cause - no question. (By how much? I dunno.)

So, how will other folk feel if he gets away with it - and they don't should they go the honourable route in the future?

If the situation is as you say, then get active - and encourage others too. Does the council actually know that work is proceeding?

If you don't want to do anything, that's fine - just settle back and let fate take its course, whichever way it goes. But don't moan about it afterwards. Practice saying "C'est la vie...".

Supersonos

DevilDamo said:

Supersonos said:

If it's completed before the decision, does that somehow mean they can keep it?  Or is it something like the council must then take legal action to have it demolished and this could take several years and just get dropped?

Any works that start or complete prior to receiving Planning approval are at risk of enforcement action, which would involve the works being stopped or pulled down. If a refusal is issued, the applicants have the opportunity to re-submit a revised application (which can take another 8 weeks). Failing that for the second time, they could submit an Appeal, which can take a few months. The LPA may in the meantime choose to serve an Enforcement Notice, which again... the applicants could choose to appeal. If all those avenues fail, the applicants would be given a time limit to pull down the unauthorised extension. Not complying with Enforcement Action within a stated timeframe could go to court, again more time.

All of this takes time and it’s really just delaying the inevitable.

As you seem to know about these things (and I know almost nothing), imagine they went through every available appeal etc., and refused to pull down the extension and the council had to take action etc. etc. etc., how long would it ultimately take before it finally HAD to be taken down?

Could it be, like, 12 years or something?  Or would it be a matter of months?  If it's the former, maybe they're just going ahead knowing they'll at least have the extra bedroom/extended kitchen for many years before they have to remove it.  The owner is in his mid-50's so wondering if it's getting the house to where they want until he retires and they move away or something.