Architect mistake with planning application

woodpecker

We got an architect to draw up plans for a driveway as we need planning permission. The construction would involve building up our front garden to make it level with the street.

We agreed to go for the largest dimensions possible, given the space available. He advised that officially this would only be big enough for one car, due to Council rules, but in practice we might find we could fit two cars on.

We agreed he would submit a drawing showing only one vehicle in the space.

Recently I was informed (not by him or the council) that our application has been refused, due to the dimensions of the planned driveway not being sufficient for parking parallel to the house.
I have two issues:

• He submitted a drawing showing two vehicles parked parallel to the house 
• He either doesn't know the dimensions required, or didn't bother to check his plan was compliant

We relied on his advice in this matter, and the only reason our application has been refused is because of his errors. What refund can I reasonably ask for? We paid him the £250 application fee, plus his fee of £450 for the drawings.

DE_612183

I'd expect him to correct the drawings, re-submit and foot the bill for that.

Unless you are considering not going ahead, in which case perhaps just the application fee as a refund.

daveyjp

You can check your application online so view the plans to confirm the error.  If it is wrong go back to the architect, explain the issue and he can resubmit at no cost to yourself.  The architect should have confirmed the instruction so you can also check the instruction matches the submission,

One thought.  Did the plan actually show two vehicles or is it showing vehicle tracking path demonstrating enough space to manouver on the drive and park parallel to the property?

woodpecker

DE_612183 said:

I'd expect him to correct the drawings, re-submit and foot the bill for that.

Unless you are considering not going ahead, in which case perhaps just the application fee as a refund.

We are considering junking the whole idea, as the construction costs are very high due to the more complicated nature of the build. Thanks for the advice!

ic

Surprised the council outright refused - probably means you're unlikely to get this driveway through.  I applied to amongst other things increase the ridge height as part of a loft conversion, the planning officer advised it should be lowered and my architect modified the drawing and it was accepted on to the same application - which was subsequently accepted.

Who informed you it has been refused - if not the council or architect?  It isn't refused until you receive the confirmation from the council.

Something to recognise is the architect has completed what you've instructed them, and they can only advise - they can't guarantee anything.  He has prepared drawings, advised you on what he knows and submit it to the council.  Unless you can show he's been negligent which has resulted in the refusal, I don't see why you're owed anything.

woodpecker

daveyjp said:

You can check your application online so view the plans to confirm the error.  If it is wrong go back to the architect, explain the issue and he can resubmit at no cost to yourself.  The architect should have confirmed the instruction so you can also check the instruction matches the submission,

One thought.  Did the plan actually show two vehicles or is it showing vehicle tracking path demonstrating enough space to manouver on the drive and park parallel to the property?

Hi. I have checked the online application and it's definitely wrong. Also you may be right about the plan, but even so the dimensions are not big enough for even one vehicle parallel parked (according to the Highways Agency and local council), and that's why it has been rejected. Thanks for the advice, but as posted above we are tempted to drop the idea, as the costs are probably too high to justify any financial benefit we may gain from installing the driveway.

woodpecker

ic said:

Surprised the council outright refused - probably means you're unlikely to get this driveway through.  I applied to amongst other things increase the ridge height as part of a loft conversion, the planning officer advised it should be lowered and my architect modified the drawing and it was accepted on to the same application - which was subsequently accepted.

Who informed you it has been refused - if not the council or architect?  It isn't refused until you receive the confirmation from the council.

Something to recognise is the architect has completed what you've instructed them, and they can only advise - they can't guarantee anything.  He has prepared drawings, advised you on what he knows and submit it to the council.  Unless you can show he's been negligent which has resulted in the refusal, I don't see why you're owed anything.

Thanks for your views. Strangely, the only reason I know it's been refused is because we received a letter from a company offering to help us overturn the decision! Clearly they monitor the council website for these decisions.

The decision was made by the council on 22nd April and the architect (who submitted the application for us and therefore had the application reference number etc.) has not been in touch to let us know. Unless he's gone under a bus that seems a bit odd?

Due to the letter we received, I now have the application reference number and I have viewed the decision and all the supporting documents that were submitted with our application.

I understand the architect can't guarantee the outcome, however he advised us on the dimensions. We had a discussion about the minimum space that's legally required for each vehicle, which was why he advised just showing one vehicle on the plan.

In my view when you pay a professional who is supposed to be familiar with a particular field, part of what you are paying for is their knowledge. It would be like paying for driving lessons and the instructor letting you drive at whatever speed you choose, rather than advising you of the legal requirements.

DullGreyGuy

Thought you were going to say that this was your driveway...

Doozergirl

Have you read the officer's report in detail?  You can call them yourselves to establish if another layout would be approved.  

I'm confused as to what you're describing.  Are the council saying there isn't room for one car but he's drawn two on it?  Seeing the application or the officer's report would help.  

Section62

Doozergirl said:

Have you read the officer's report in detail?  You can call them yourselves to establish if another layout would be approved.  

I'm confused as to what you're describing.  Are the council saying there isn't room for one car but he's drawn two on it?  Seeing the application or the officer's report would help.  

Yup, something's odd here.  If you don't have to provide a minimum number of parking spaces then the fact the space is only big enough for one car not two shouldn't matter.  If the area isn't large enough for one car the the architect has made a very big error.

I wonder whether the full reasons for refusal will be something to do with highways not being willing to accept parallel parking (in this case/generally).