Neighbours building without planning permission

Supersonos

Jeepers_Creepers said:

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...".

That's exactly what we're doing.  But we're just so intrigued to try and understand what they're up to!  To apply for planning that'll get refused but go ahead with the works before a decision seems so counter-intuitive and incredibly expensive.

Slinky

We applied for planning permission in mid December. We warned out neighbours in advance they would be getting letters, which the planning portal said have been sent about 10 days after the application was registered. There was also a notice put up by the planners in our street, but apparently only because of the Conservation area, although we aren't actually in the Conservation area but our back garden backs onto the garden of a  building that is.  We got our permission this week (despite the designated planner not liking the look of what we are doing at the back, according to a conversation our architect had with them!).

DevilDamo

Supersonos said:

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.

The time it takes is up to Planning, the Appeal Inspectorate or Courts. If the LPA really wanted to push this through as quickly as possible, they could request the unauthorised works be pulled down within 3-6mths. If the applicant appeals and it goes to court, there’d obvious be a period of when the case would be heard. The courts may then issue a similar time period. Or they may pick up on the fact the applicant is doing everything they can to prolong the process and the powers that be will come down harder on them.

Btw, with a Householder Planning decision, applicants have up to 12 weeks to submit an appeal.

FreeBear

Ah....  Brings back memories of Honeycrock Farm.... https://www.bbc.co.uk/news/uk-england-surrey-34585555

A bit extreme, but a quick search will turn up other cases where even modest extensions have had to be demolished.

welshmoneylover

Did he knock it down after? It’s a bit fancy for me but I suppose a mock Tudor farm property was to his taste!
does anyone remember the chap from stoke on Trent who built his house and claimed the foundations were too shallow ? I think that went to enforcement but haven’t heard anything since, has anyone got an update?

FreeBear

welshmoneylover said: Did he knock it down after?

The monstrosity was finally bulldozed in 2016 - https://www.bbc.co.uk/news/uk-england-surrey-36445848

Supersonos

DevilDamo said:

Supersonos said:

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.

If the applicant appeals and it goes to court...

I've been reading in our local paper about how our local council is close to being bankrupt.  What if they can't afford to persue this through the courts?

Maybe our neighbour knows the council won't take it that far and he'll get away with keeping his extension?

Supersonos

DevilDamo said:

Supersonos said:

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.

If the applicant appeals and it goes to court...

I've been reading in our local paper about how our local council is close to being bankrupt.  What if they can't afford to persue this through the courts?

Maybe our neighbour knows the council won't take it that far and he'll get away with keeping his extension?

Jeepers_Creepers

I presume in such an open-and-shut case, the council will know they'll win - so I understand the guy will have to foot the costs if he challenges their decision.

But, until you actually ask someone down there, you are merely speculating about the whole thing.

twopenny

The expected result of doing work before planning has been granted is that once it's done it's too late - but there is an enforcement officer for each planning department. Removal and restoration they definitely have powers to do.

However enforcement depends on the officer knowing that there is a problem. If planning has been refused they won't go round to check, especially if it's not possible to see.  They rely on reports to know when an inspection is necessary. Also some are more efficient than others and I know our local council was without one for some time.

The time it takes if usually considerable because anyone who thinks they can do this are going to be beligerant. I've not come across anyone who just said' 'ok, I'll knock all the expensive hard work down'.

But conservation areas are most strongly tackled.