HELPED I've been duped (planning permission)

John_Pierpoint

Have you spoken to your local MP and the local mewspaper. Name and shame A) the Council for not making him put the errors right fully and the developer for making your life hell.

Unfortunately none of the people involved in this farce have any shame. The MP just might be a crusader but is probably just a politician and there is no election in the offing.
The local paper needs a good "story" and depends on the local council for a big chunk of its advertising revenue.

What did the Local Authority Ombudsman make of this?
It sounds to me like the "jobsworth" at the council needs a firework up his backside before 5th of November, he is just putting the difficult cases back in the bottom of the in-tray.
(BTW you are expected to report the Council for mal administration within 6 months, but the ombudsman has the right to extend this deadline).
Have you actually met the planning officer, in the flesh. You need to know if the job is being handled by the office junior or has been flagged up to the boss of the organisation. In my experience Councils become inward looking and the officers start working for their own benefit and advancement NOT for us their paymasters and customers.
If the extra flat does not comply with the fire regulations it needs to be condemned as unfit for human occupation.
The 12 of you really do need to work together. 12 people can make a fuss that that feels like 1200 if you all really get stuck in.
I cannot understand why it is just you? Are the other 11 completely ineffectual little mice?

As this is a domestic property, does anyone know if you are well on your way to "deemed approval" under the 4 year rule?

That said, what is you current financial situation - are you completely underwater with liabilities significantly greater than assets? "Freedom is nothing left to lose"

twokcc

pickles_pink wrote: »

We're signed off subject to 3 points to which the builder needs to comply within 90 Days. They are to create more parking (already started), create cycle parking (something to do with eniviromental legislation & to change the entrance / gates to the property.

:j

I can't believe it, Amazing.

Again thank you to everyone who helped me, you are all wonderful.

Just read all this thread, sorry to hear about your problems. I speak only as a layman but spend nearly 2years applying for planning application during which time I spend a lot of time looking at planning procedures/appeals.
Note that you do not say anything in the above about the 13th flat, you should be able to obtain a copy of the enforcement notice issued by the council(these are available on line with my LA). If this does not mention anything about 13th flat I can't see how LA can refuse to grant approval if all
enforcement conditions have been compied with. Only possible reason could be that LA claim to be unaware of 13th flat this would seem to be highly unlikely but cannot remeber exact details of all previous posts.
Once you've got this send me a pm just in case I've not checked recent thread.
Other avenue for you would be to rent out your apartment, have you considered this may be financially viable. You would need to remortgage as a BTL mortgage (interest only) but this may be say for only 75% of value so would need to pay part deposit to secure mortgage. Would then depend on rental incoming covering monthly mortgage payments. Don't get me wong this may not be easy to do with the PP history on the flats but again details of the outstanding PP enforcement notices will indicate information that mortgage copy will see if you apply for a BTL mortgage. Just thought this will also be helpful to see to see what would happen if you were to apply for a remortgage now(rarther than go onto NR's SVR)

PasturesNew

If the OP doesn't have the funds to be able to get off NR's SVR, then she won't have the (larger) funds needed for a BTL. She has 0% equity, or is in negative equity by now.

twokcc

PasturesNew wrote: »

If the OP doesn't have the funds to be able to get off NR's SVR, then she won't have the (larger) funds needed for a BTL. She has 0% equity, or is in negative equity by now.

Like I said it won't be easy, may only be a very long term solution and may well be than that any remortgage would be almost as much as a problem.
Really need to see enforcement notice to see what possible viable options are.

planning_officer

I've read most of the posts on here - sorry to hear about the situation!

Although others mention planning permission being refused and an enforcement notice - what stage has the planning procedure actually got to? Has the developer submitted a retrospective application to regularise the development (with some changes obviously, as the Council wouldn't be making a big fuss about it if it was acceptable in planning terms as it stood). If planning permission has been refused, has an enforcement notice been issued and served? Has the enforcement officer mentioned anything about an enforcement notice or are they still negotiating to get the building altered to be acceptable?

pickles_pink

John_Pierpoint wrote: »

If the extra flat does not comply with the fire regulations it needs to be condemned as unfit for human occupation.
The 12 of you really do need to work together. 12 people can make a fuss that that feels like 1200 if you all really get stuck in.
I cannot understand why it is just you? Are the other 11 completely ineffectual little mice?
As this is a domestic property, does anyone know if you are well on your way to "deemed approval" under the 4 year rule?
That said, what is you current financial situation - are you completely underwater with liabilities significantly greater than assets? "Freedom is nothing left to lose"

Hi Thanks for your reply,

4 Year rule? - sounds interesting. This isn't something that I have heard of.

The hard part is I dont entirely understand the differences between planning permission and Building regulations.

All of the information is online and as far as retrospective planning is concerned the works are almost complete and were done after the builder was served with breach of condition notice.

We need a competion certificate which is issued by building regs department who wont sign it off because of the 13th flat above us (which is occupied by 2 -more like 7- Polish individuals) has not been checked for i'm assuming fire safety etc.

PasturesNew

I have no experience or learning in the subject, but does the 4 year rule apply only to properties that have not come to the attention of the Authorities?

The 4 year rule is: if you can build something and get away with it for 4 years, it gets given the OK from planning. You have to prove the date when it became inhabited by you, things such as services turned on or carpet fitting invoices would prove that.

But this building has come to the attention of the Authorities within the 4 years.

As I said, no experience or learning. Purely my anecdotal understanding of it.

PasturesNew

pickles_pink wrote: »

The hard part is I dont entirely understand the differences between planning permission and Building regulations.

Planning permission: I allow you to build a house that looks like the one in your picture, so it sits on the plot in the same space and location as on the picture.

Building regs: The house must be built of brick, it must have cavity wall insulation, the foundations must be X' deep, the windows must be double glazed.

Planning gives you permission to build something that LOOKS like the drawings. Building regulations set out very specifically the actual materials and safety items that must be included in the build. During the build experts will visit the site and check that the building regs are being met (so it's safe). So an expert could visit the site and see that it's built of bricks and not MDF, but they might not have any idea about the planning permission given, their job was to turn up and check it was built of bricks.

PasturesNew

pickles_pink wrote: »

the 13th flat above us (which is occupied by 2 -more like 7- Polish individuals)

If you are right and there are a lot in there, you can probably report them to the relevant council department as a HMO. House of Multiple Occupancy. However, if they are all one family it wouldn't be an HMO. They'd have to all be individuals sharing. Google HMO and your Council name to find out more. It might be that your Council insist on issuing a license for an HMO and it has no license.

Might as well ruin somebody else's day I say

pickles_pink

Thanks Pastures,

So in therory if the council come and check out the place we could be okay, If so why don't they?

This all seems like the council are being difficult, surely if the building is so unsafe it should be buldozed to the ground!

Feels like they are all a bunch of fairies not wanting to take responsibility for something they should have been monitoring in the first place.

There are so many people at fault here, yet they are all fine and i'm stuck in a mess.

With regard to letting - yes it is possible but we'd have to request NR permission as the property is unmortgageable and would still incur their SVR which when coupled with ground rent, maintenance and agents fees would leave us losing money as the rent would not be sufficient. If it got sorted today we would be in negative equiy by £5k obviously increasing, which to be honest I'd take the hit on (I've been saving in anticipation) just to get out.