Single storey outbuilding being redeveloped as two storey house !

Section62

jonnydeppiwish! said:

Wait and see what the council say. There’s no reason why, if needed, they won’t be able to apply for retrospective planning permission and be given it, regardless of how ‘outraged’ you and your neighbours are. Then again, the council might refuse it.

There's a whiff of criticism of the OP in some posts on this thread.

The OP is absolutely within their 'rights' (there is a right to comment/object) to complain to the council about a development taking place which is not in accordance with the approved plans.  There's no point in having a plan-led development control system if people apply for consent for one thing, and decide to build something completely different when they think nobody is watching.

People dodging the law when it comes to development means other people end up living in sub-standard damp and difficult to heat properties.  Or they cheat the taxpayer by not paying what is due on a separate dwelling. Often 'beds in sheds' get let to people on the margins of society, those who find it hardest to exert their 'rights' for fit and suitable accommodation.

If the OP is exercising their 'right' to alert the council to potentially unlawful development that ultimately might put other people's safety and health at risk, possibly to the point of abuse of people who have no voice, then I say all power to the OP.  If the neighbour is acting lawfully then they have nothing to worry about if planning and building control take a closer look.

From the OP's perspective they also have a 'right' to expect the council to take development control decisions lawfully and within the plan-led DC framework.  The OP and the neighbours weren't consulted on the construction of a two-storey dwelling.  In assessing the changed development - either as a variation of the approved plans, or as retrospective consent - the council need to follow the correct process and (IMV) reconsult the neighbours.  If the council let this change of plans go through 'on the nod' the OP has a 'right' to complain - i.e. following the council's complaints process and if that doesn't achieve a satisfactory result* they may take their complaint to the Local Government & Social Care Ombudsman

https://www.lgo.org.uk/make-a-complaint/fact-sheets/planning-and-building-control/your-neighbour-s-planning-application

(*the result won't be overturning a planning consent once given, hence the need for pre-emptive action by those who might be affected)

GDB2222

Sapindus said:

GDB2222 said:

 Print out letters for your neighbours to send, complete with SAEs, so all they have to do is sign them. Offer to post the letters for them!

I don't think that would "count", at least psychologically.  If the council get a load of identical letters, just the signatures are different, it's going to look like you're really the only person who's bothered.  

In my local council the planning officers simply count the number of objections. If there are more than 6, the planning application has to be considered by the full planning committee, rather than being decided by the officer himself.  The quality of the objections largely doesn’t matter much, as the officers are usually well aware of the planning issues.

This case is rather different. The planning enforcement team is probably overworked, and the OP wants to ensure that they take action on this particular case. He needs to involve his local councillors, and they will be concerned if they receive multiple communications from different members of the public.

Section62

jonnydeppiwish! said:

GDB2222 said:

As @canaldumidi says, you have no rights. However, the council have rights! So, your objective needs to be to get the council to DO something, which is quite hard. 

You need to contact all the councillors for your ward, plus all the councillors on the planning committee. Send them all emails. Send them all letters. 

Gee your neighbours up to do the same. Print out letters for your neighbours to send, complete with SAEs, so all they have to do is sign them. Offer to post the letters for them!

Start a petition. Involve the local paper. I'm running out of ideas here, but maybe ask the local vicar to curse them ...? 

All of which will have absolutely zero effect except planning enforcement. And then they can just apply for retrospective planning permission.
It will then come down to what you can legally object to which, given the limited information so far, is very little.

I'm not sure you understand how the planning system works.  GDB2222's suggestions are spot-on (excepting the vicar bit).  Ward councillors and members of the relevant planning committee have an interest in ensuring the council is discharging its planning function correctly, and that development is carried out in accordance with approved plans.  They won't necessarily intervene directly in a planning decision, but knowledge that an issue is 'of concern' to members will influence the way the application is handled.  E.g. It may lead to the application being referred to committee, rather than being approved under delegated powers.

There is nothing "legally" restricting what can be objected to.  The OP and neighbours can "legally object" to anything.  However, the planners making the decision/reporting to members will only take into account matters which are material considerations.

Also not clear how you conclude "very little".  The development of what sounds to be something very different to the approved plans is potentially unlawful.  The characteristics of a new dwelling (/self-contained annex) are very different to a "home office and laundry room".  If it would be as easy as you suggest for the neighbour to get consent (/retrospective consent) for what they are now building, then it has to be wondered why they didn't apply for planning consent for that in the first place.

GDB2222

Just as an aside, you can see details of a planning application in my borough here:
https://publicaccess.barnet.gov.uk/online-applications/files/25626DA8F91044B9D836B791305C0D78/pdf/TPF_0956_20--5441793.pdf

I hope that link works. If not, it’s ref TPF/0956/20.

The key point is that there were over 60 objections - the application was only to reduce the size of a tree. The planning committee rejected the application, even though it leaves the council open to the risk of having to pay £200k In compensation. It is clear that the committee was greatly influenced by the strength of public opinion in this case, and on the basis of that they decided to risk the compensation payment.

ProDave

If I am reading this right, the neighbour has planning for a single storey building but is constructing a 2 storey building instesd.

Then the OP absolutely must report this the the council and get their planning enforecement team involved.  That is not a case of counting the number of objections, but simply enforcing the neighbour to build exactly what he has planning permission for and nothing else.

The neighbour could submit another retrospective planning application and if he does that, THEN is the time for you to object to the modified plans.

If the neighbour fails to get retrospective planning for the 2 storey building then the council should enforece it's removal, or reduction in height to comply with the single storey planning.

Section62

ProDave said:

If the neighbour fails to get retrospective planning for the 2 storey building then the council should enforece it's removal, or reduction in height to comply with the single storey planning.

From what the OP says it sounds like the overall height won't be that different to the approved plan - which would be a big cause of concern for me.  By lowering the floor level of the structure to gain the internal height required, it introduces potential issues with accessibility, drainage, flooding, damp, heating/insulation, etc etc.

Development below ground level can work of course, but it is difficult to get right, and if the project is being done on the QT there's a high risk of a very sub-standard end result.

The creation of an additional dwelling (if that's what is happening) is also a significant issue.

canaldumidi

The issue here is not about objections to a planning application, how best to object, who to object to or how many neighbours write in with objections (individually or on a pro-forma letter).

So far as I understad it, the planning application has not just already been ruled on, it has been approved. So objections are now too late, and pointles.

The issue seems to be that the development now progressing breaches the application as approved. The neighbour has consent to build 'A', but is in fact building 'B'.

So it is an enforcement issue. The council will have an enforcement team/process and will act acording. OK, how actively they enforce may depend on their (scarce) resources, and how serious they consider the breach to be in comparison with other breaches they are reviewing, so getting support from councillors, publicity etc may encourage them to be more active.

And, of course, if the neighbour later applies for retrospective planning permission for whatever he's built, then, yes, at that point objections to his application could be useful

user1977

If the council seeks enforcement action they will have to give the neighbour a chance to make a retrospective application. 

Section62

canaldumidi said:

So it is an enforcement issue. The council will have an enforcement team/process and will act acording. OK, how actively they enforce may depend on their (scarce) resources, and how serious they consider the breach to be in comparison with other breaches they are reviewing, so getting support from councillors, publicity etc may encourage them to be more active.

And, of course, if the neighbour later applies for retrospective planning permission for whatever he's built, then, yes, at that point objections to his application could be useful

'Objections' now would be useful to make it clear to the council that formal objections would be made if an application for retrospective consent were made, although it is possible that an application for a material or a non-material amendment of the original application might be made as an alternate approach.

The risk here is of a decision being slipped in before the potential objectors are aware of it - to forestall that, making as much 'objection' noise as possible now is the best strategy, even though the 'objections' may have no legal status (yet).  The best way of getting scarce resources allocated to an issue is to make it appear to be bigger than it really is.

lincroft1710

stingrayjjj said:

My neighbours applied for permission to knock down an old outbuilding in back garden and replace it with a single storey structure, that would contain a home office and laundry room, there was an upper space indicated in plans for 'laundry drying' . But their builders are now constructing a two-storey building with two upper rooms, all fully insulated, plus bathroom and stairwell to access it. There are two lower level windows which face my house, when there was only one in original drawing. The overall height of new structure may about match the plans as they have excavated a lot of earth to dig down and create the necessary height for the two stories. I have contacted the council, sent pics and and they are formally investigating. This new structure is essentially a small new house. What rights do I have and how do I keep up the challenge. All the other neighbours are outraged too.  

Are you absolutely certain there has been no second application to alter aspects of the first?


I follow the planning applications for an area where I once lived and often there are second or even third applications to alter aspects of the original application.