Planning Enforcement

lauraj27

Hi all, 

This is a bit long and a bit of vent. 

Last summer an area at the back of the garden which was sloped was levelled off and paving slabs put down. It was completed at the end of July. 

On Wednesday this week, we came home at 5pm to find a card had been put through the door from a planning enforcement officer of the local council regarding these works. 

It took us until today to get hold of them, wherein they informed us that there had been complaint about the paving slabs and as far as they were concerned the fact that it was previously sloped and we had simply levelled it off was irrelevant. Instead he stated that the patio is a raised platform that constituted engineering works as more than two wheelbarrows of soil was moved and the ground level is measured from the lowest point of the garden (previously the area was sloped and nothing that's been built is above the gravel boards), & needs planning permission. In addition, anytime we want to do any work to the house we have to have a meeting with a planning officer at a cost of £25 each time to check that it is permissible work. 

grumbler

that constituted engineering works as more than two wheelbarrows of soil was moved

I'm no expert, but this sounds funny

anytime we want to do any work to the house we have to have a meeting with a planning officer at a cost of £25 each time to check that it is permissible work.

And so does this

MikeJXE

Hilarious 

What region do you live ?

How old is the house ? 

sevenhills

lauraj27 said:

We don't sit out there every day and certainly not until midnight as it's normally too cold/dark by then; I'd say the latest we have been out there is 10pm and  the most number of visitors we have had has been five, which including us two brings it to seven people. Occasionally we have had 2 adults come round and they have brought their dog or we have had two parents visit and they have brought their two kids. 

In light of all this we are feeling incredibly distressed and miserable; we cannot make use of the property and we are facing the prospect of ripping out the patio.

You don't mention noise, but it seems that you have a good social life. Good luck with your neighbour.

GDB2222

We are in London, which is supposedly a smoke free zone. I wonder whether a fire pit is allowed? 

lauraj27

MikeJXE said:

Hilarious 

What region do you live ?

How old is the house ? 

West Midlands, 1920s house. 

ThisIsWeird

Laura, can you describe, with sketches and dims if necessary, what changes you made to your garden? 

theonlywayisup

Reading this on 2 April I won't make any assumptions on the date.

However, reading between the lines, assuming this to be true, then a platform (deck or patio) that is more than 300mm from ground level (at lowest point to the house) may need both Planning Permission and Building Regulation Approval.  It certainly does here in Cornwall. 

Without more detail from the Op it is difficult to comment further. 

Section62

theonlywayisup said:

However, reading between the lines, assuming this to be true, then a platform (deck or patio) that is more than 300mm from ground level (at lowest point to the house) may need both Planning Permission and Building Regulation Approval.  It certainly does here in Cornwall. 

Without more detail from the Op it is difficult to comment further. 

Yes, this could be one of those cases where the common misconception about only needing planning permission in certain circumstances might be the issue.

In truth planning consent is required for all "development" (as defined in the Act) - unless it is development which is exempted by the Act's definition, or where it falls within the definition of permitted development (which is a form of planning consent)

Unless the OP's alterations fall within S55(2)(d), or fit within one of the permitted development categories, then the planning officer is probably correct that planning consent was required.  There is also the de minimis issue, which might be where the council's "two wheelbarrows" rule comes from.

Raised platforms, terraces, verandahs and balconies are always tricky when it comes to planning consent because the rules are so complicated and open to interpretation.

The OP won't necessarily need to be"ripping out the patio" - unless the planning officer said otherwise, an application for retrospective consent (plus appeal) should be a possibility.

Other than the method of measuring height, the only thing which strikes me as odd is the suggestion that the OP has "to have a meeting with a planning officer at a cost of £25 each time to check that it is permissible work".  £25 sounds rather cheap for a face-to-face meeting with a planning officer, and normally wouldn't be necessary if there are permitted development rights.  This makes me wonder whether there is something else about the property - e.g. listing, conservation area, Art4 direction etc which meant planning consent was required for the terrace/patio for that reason.

twopenny

I'd be jumping up and down on that loose board if it were me and a state of the art bird feeder.
It's a rare thing to find a planning enforcement officer. I've worked with one and historic buildings officer. No one put a card through the door. It would be a letter on headed note paper with details of the offence/complaint.

Section62

twopenny said:

No one put a card through the door. It would be a letter on headed note paper with details of the offence/complaint.

Some councils to the card through the door thing [now].  Sometimes it is easy to resolve the issue through a chat on the phone rather than starting a formal process, and potentially less costly if the officer can stick a card through the letterbox while doing a site visit, rather than going back to the office (if they have one) to get a letter prepared and posted out.  Also, with a card drop the officer knows it was delivered.

If the initial contact doesn't work then yes, a formal letter in the post will probably be on its way sooner rather than later.