Missing Planning Permission - Loft Conversion from 11 year ago

LozT

Hi all

I was wondering if anyone would be able to give me some advice. 

Back in 2010 I put a loft extension onto my flat. I am now in the process of trying to sell the property, but it has come up in the searches that I didn't obtain planning permission. 

This has confused me somewhat as all the paperwork I have indicates that the architect did apply for planning. I have the schedule of fees that I had to pay, confirmation that full drawings were submitted etc. I also had (at the time when I applied) a link to the planning portal for the council, the link however is no longer valid. 

The builder as part of his agreement with me confirmed I would need planning and that he wouldn't start until planning had been granted, so at some stage it looks as though everybody agreed we had to have planning and with the work being done I guess everyone thought we had planning. 

Crucially now however I can only find confirmation from the council that Building Regulations notice was submitted & confirmation of payment for this. I also have the completion certificate to confirm we were compliant with buildings regulations. I have nothing to say we had planning and it isn't showing on their planning portal. I have no idea if the council have somehow failed to upload the planning permission, or whether the architect pocketed the additional fees and didn't apply for planning at all. Neither scenario seem to make sense as I cant see how the council would make that sort of error, but equally I cant see how the builder would have started without seeing planning or how the architect is still in business if he was doing things like pocketing cash. I have tried calling the architect & am awaiting a call back from him, but I doubt he will still have records being that it was at the end of 2009 that he started the application process. 

Does anybody have any ideas of where I should go from here?

Many thanks

Loz

davilown

it’s too it’s too late for planning to enforcer any retrospective action so you should be okay - have you checked the planning portal for your road? They go back a log way and you can just reprint the planning approval letter

LozT

davilown said:

it’s too it’s too late for planning to enforcer any retrospective action so you should be okay - have you checked the planning portal for your road? They go back a log way and you can just reprint the planning approval letter

Thanks Davilown - I have been on the planning portal and my application number isn't there, nor is anything showing in 2009 for my address, so it literally looks like either they failed to upload it, or it wasn't applied for

anselld

Are you sure it needed planning?  Many loft conversions do not, especially on the rear.

In any case it is way beyond the time limit for any enforcement action.  The paperwork could by tidied up by applying for a Certificate of Lawful Development but that takes time and is of no practical benefit.

LozT

anselld said:

Are you sure it needed planning?  Many loft conversions do not, especially on the rear.

In any case it is way beyond the time limit for any enforcement action.

Hi Anselld

To be honest I am not sure, but reading through the planning portal when it is flats yes you do need planning. Many thanks for answering

FreeBear

LozT said:

davilown said:

it’s too it’s too late for planning to enforcer any retrospective action so you should be okay - have you checked the planning portal for your road? They go back a log way and you can just reprint the planning approval letter

Thanks Davilown - I have been on the planning portal and my application number isn't there, nor is anything showing in 2009 for my address, so it literally looks like either they failed to upload it, or it wasn't applied for

If you have the planning application number, there may well be an archived record somewhere in the bowels of the council office. It may pay to give the planning office a visit and see what records they still have.

anselld

LozT said:

anselld said:

Are you sure it needed planning?  Many loft conversions do not, especially on the rear.

In any case it is way beyond the time limit for any enforcement action.

Hi Anselld

To be honest I am not sure, but reading through the planning portal when it is flats yes you do need planning. Many thanks for answering

Yes I missed that, flats do not have permitted development.

LozT

FreeBear said:

LozT said:

davilown said:

it’s too it’s too late for planning to enforcer any retrospective action so you should be okay - have you checked the planning portal for your road? They go back a log way and you can just reprint the planning approval letter

Thanks Davilown - I have been on the planning portal and my application number isn't there, nor is anything showing in 2009 for my address, so it literally looks like either they failed to upload it, or it wasn't applied for

If you have the planning application number, there may well be an archived record somewhere in the bowels of the council office. It may pay to give the planning office a visit and see what records they still have.

Thanks FreeBear

jimbog

If you approach the council now you won't be able to later on get indemnity insurance later

Ramouth

The permission should come up as part of your buyer’s LA searches.  If it doesn’t exist then it can be covered by an indemnity policy.  It is best not to contact the planning dept beforehand as this could invalidate the indemnity.  It is not uncommon for older planning apps (back when we applied in paper rather than electronically) to not be on the planning portal.