Neighbour lied on planning application - windows now overlooking our property

WillGreen

Sorry if I wasn't clear earlier.

They submitted plans for a house that were passed. They then submitted further plans that 'had a couple of small changes', basically just adding a sky light and porch that were also passed and that is what they built.

However when compared, the two houses are completely different with an extra bathroom, windows added and a total change of internal layout among others. Basically the second house would never have been given permission for which is why they didn't initially apply for planning permission for it.

The council have confirmed that the onus is on the person submitting the plans to tell the truth and that they would not have compared the houses. I've also contacted directly the person who signed off the second set of plans and they said that due to resources they take it on good faith that the person submitting the plans isn't lying - he then asked me to file an official complaint which I have now done. The owner is a property developer and so knew that the plans wouldn't be compared.

I can't post a link, but this constitutes fraud as per the government website, written by Dominic Raab.

So my question really is to try to find out where this goes from here - the dream being they move........ but realistically even though they were 'passed' on the second planning permission can I get the windows looking onto our garden that weren't in the first plans fixed with obscured glass? Could he also get a fine?

It seems very similar to what Titus_Wadd is experiencing. Our house price has plummeted due to the level of abuse we're experiencing and police involvement etc. I also believe it is a matter of time until I am attacked again. Only questions are when, how badly I am hurt, and if it's by one of them or they get someone else to do it. 

diystarter7

As I said before, is this not an enforcement issue until it is approved or not?
Have you considered moving?
As I said before and you have posted, people like that can hire low lives to do their dirty work and it does not
need to by a physical attack but emotional/etc/etc.

NB: Be aware at times these types can turn the tables and set the cops on you and the last thing you want on top of all this
is a court case/fine/etc and possibly lose your job etc. Stuff like this can have a massive impact on ones life as it is outside your home and you can't even get away from it.

anselld

It is still not clear and the business of lying and fraud is just unhelpful. 

The second plan was submitted and approved; it has either been built to that plan or not.

It sounds like the windows which you object to were approved in the second plan so if they are accordance with that plan there is nothing you can do now.

If anything else is not to plan the Council may take enforcement action or request an amended application.  There will be no fine unless he fails to comply with any enforcement action.

lincroft1710

Why do you think they would move?


If they are likely to attack you, then by complaining to planning, this would make it sooner rather than later, as they're bound to realise it was you,


I am confused about the "two houses".  Do you mean they submitted plans for a house which were passed and then subsequently submitted plans showing proposed minor amendments, but the "existing" elevations/plans were not of those on the previously approved plans.


As planning appear not have physically checked what was actually built then they must hold some responsibility for what has happened. 

anselld

lincroft1710 said:

As planning appear not have physically checked what was actually built then they must hold some responsibility for what has happened. 

Planning do not check what is built unless someone complains to Enforcement.  They would not be responsible unless they failed to investigate a valid enforcement complaint.

Building Control check what is built but only for compliance with the building regs, not for complance with the planning permission.

sheramber

The OP seems to be saying that  a set of plans were submitted and passed.

Then a second submission was made with different house plans but the paperwork stated only two minor amendments to the original, not mentioning that it was new house plans.

The planners passed these plans on the say so of 'only two minor amendments',  without checking all the paperwork . So the amended plans were passed by default.

lincroft1710

anselld said:

lincroft1710 said:

As planning appear not have physically checked what was actually built then they must hold some responsibility for what has happened. 

Planning do not check what is built unless someone complains to Enforcement.  They would not be responsible unless they failed to investigate a valid enforcement complaint.

Building Control check what is built but only for compliance with the building regs, not for complance with the planning permission.

Which would explain why when I had my plans for an extension passed 14 years ago, had several visits from BC, but none from planning. Which perhaps was fortuitous as the extension wasn't built exactly to plan or proposed elevation!

Titus_Wadd

Unfortunately, the enforcement dept. will in the first instance, suggest the builder submits a retrospective application to approve the deviations from the submitted plans.  It's the cheapest approach for the planners and they would only go further down the enforcement route for serious defect.  Our local authority relies on the "public interest v use of public funds" argument to wriggle out of doing anything.
We've been complaining about clear glass, opening lights in the loft of 2  our builder's houses, where they have been served with a breach of condition notice.  They clearly intend to make these into 5th bedrooms; we have just seen that a staircase rather than a loft ladder has also been installed.  There's no victory in telling the council that our suspicions were spot on!
Again, if you phone the planners first, you can gauge how invested they might be in taking enforcement action before you bother properly reporting the breach.  Many buyers will not notice the windows, they just accept the current set up.

Bendy_House

WillGreen said:

Sorry if I wasn't clear earlier.

They submitted plans for a house that were passed. They then submitted further plans that 'had a couple of small changes', basically just adding a sky light and porch that were also passed and that is what they built.

However when compared, the two houses are completely different with an extra bathroom, windows added and a total change of internal layout among others. Basically the second house would never have been given permission for which is why they didn't initially apply for planning permission for it.

The council have confirmed that the onus is on the person submitting the plans to tell the truth and that they would not have compared the houses. I've also contacted directly the person who signed off the second set of plans and they said that due to resources they take it on good faith that the person submitting the plans isn't lying - he then asked me to file an official complaint which I have now done. The owner is a property developer and so knew that the plans wouldn't be compared.

I can't post a link, but this constitutes fraud as per the government website, written by Dominic Raab.

So my question really is to try to find out where this goes from here - the dream being they move........ but realistically even though they were 'passed' on the second planning permission can I get the windows looking onto our garden that weren't in the first plans fixed with obscured glass? Could he also get a fine?

It seems very similar to what Titus_Wadd is experiencing. Our house price has plummeted due to the level of abuse we're experiencing and police involvement etc. I also believe it is a matter of time until I am attacked again. Only questions are when, how badly I am hurt, and if it's by one of them or they get someone else to do it. 

Thanks Will. I think that answers two of the main Qs. They DID submit minor amendment plans, but the ACTUAL build differs significantly from even this. You haven't told us WHEN the build was completed, or when you first made a complaint to 'planning'.

These 'nin-conforming' windows are at what height? Second storey? One-and-a-half storeys?

Whilst planning might be reluctant to act on what they perceive as being minorish breaches, I've always thought that they were quite firm on such basic and obvious breaches that have a material effect on others, such as clear-glass windows overlooking other properties.

But, we don't know if these are genuinely non-compliant in your case until you give us more info.