Two storey rear extension, Building control fine with it but planning say unauthorised

tennismsn

Very new to this!
Here is my problem, can anyone help please?
I submitted a full plans application for a small two storey extension (Larger kitchen with bedroom above) to the rear of my terraced cottage, which was approved in 2021.
Work commenced in August 2023. The Building Control surveyor visited and suggested I switched to a Building Notice which I did and paid the appropriate fee. On his second visit he recommended that I change from a sloping tiled roof (which was on the original plans) to a flat roof in order to give me more headroom in the bedroom. which I did.
The builder finished the extension in December 2023.
I have just received now (June) an enforcement notice from the Planning Department stating that the extension is unauthorised due to it not being built in accordance with the original plans. My options range from providing documentary evidence that planning permission is not required to demolishing the extension I am really confused and don't really know what to do.
I know I need to speak with the Building Surveyor but he is on leave for two weeks and both my wife and I are sick with worry over this.
Can anyone offer any advice/help please

Mark_d

Can you do a retrospective planning application (with flat roof) to the council?

tennismsn

Thank you Mark,
Yes that is one of the options, but do I have to?  I am really confused because I understood that the work was being carried out under a building notice and that no plans are needed, and that a Building Notice allowed flexibility as long as the Building Control Surveyor was okay with the changes. Am I wrong about that?
Thanks

stuart45

Planning and Building Control are different departments.  If you need to change the look of a building half way through a project you need to inform the planning department. I've done it in the past for something as simple as adding a Velux window. 

Section62

tennismsn said:

Thank you Mark,
Yes that is one of the options, but do I have to?  I am really confused because I understood that the work was being carried out under a building notice and that no plans are needed, and that a Building Notice allowed flexibility as long as the Building Control Surveyor was okay with the changes. Am I wrong about that?
Thanks

Yes, as stuart45 says, building control and planning are separate things and you often need approval from both.

The planning enforcement letter should have a contact on it - get in touch with them, ask for advice on the best way of resolving the planning situation. You don't need to wait for the building surveyor to return from holiday.

If there are "original plans" then it suggests a planning application (or prior approval) was involved at the start - so you may only need approval for the departures from the approved plans.

tennismsn

Many thanks, very helpful 

ic

Building control are interested in whether a building has been built in accordance with building regulations (so structurally sound, insulated, minimum ceiling heights, ventilation, fire escape, electrics, drainage, etc etc).  They inspect throughout the build and sign off at the end.

Planning really only care about the external look of the building, the general provision of space inside, how it fits into its surroundings and what it'll be used for.  They approve plans, then don't come back.

The two departments are completely separate, and do not generally interact with one another.  Its your responsibility to be the go between if things deviate from any agreed plans.  

Your planning department should want to work with you to find the best option - hopefully that is applying for retrospective planning or an amendment to the original plan.  Talking to the planning officer may help you understand how likely that is and what is required - you may need to go back to your architect to draw up the changes for you.

You mention you've gained head height - does this mean the eaves of the extension are actually higher than they were originally planned to be?  Have some windows been made taller because of the extra height?  This could be the contention.

womble12345

I wonder how the planning department even noticed? Does one of your neighbours object to the whole thing?

Section62

womble12345 said:

I wonder how the planning department even noticed? Does one of your neighbours object to the whole thing?

Most likely a neighbour complaint/comment.

But planning and building control departments do sometimes talk to each other and share data - it isn't impossible that something (e.g. the BC case closure) has triggered a check by planning that the completed building is in accordance with the consent.

Also some planning officers are sufficiently interested in their work to take a look as they drive past on the way to/from another job. It can be rewarding to see what a completed development looks like, especially if there was some element of it that needed a difficult judgement call, and some planners like to see the outcome to know whether or not they made the right call.  If the development isn't visible from the public highway then there are the various online mapping sites, or a look from a neighbour's property when doing a site visit there.

Bigphil1474

If there's a glaring planning problem, then local council BC officers will let planning know if they see them. It's the done thing.