Appeal? Can we take it any further? (Ed.)

[Sierra247]

Hi All - I'll try & keep it as sort and sweet as possible as our journey has been long and very uneasy!
Long and short of it is we were granted full planning permission to convert one of my husbands old farm sheds. The conversion was like for like in size etc so no different in terms of footprint.
Full Planning Permission granted we began work. On commencing work, our builders dug the footings around the exisiting shed (note conversion not new build) and unfortunately the wall fell in, fortunately no one was hurt. However we continued and rebuilt the wall as I say, like for like anyway.
Someone reported us for "knocking down" the barn and subsequently we were served with notice that our planning permission had been revoked. It was revoked as the build would now class as a "new build" and not a conversion of an exisiting building. By this point we are now up to roof height with our build.
We have now gone back to planning processes, sought all the advice we can and appealed our local councils decision however these have all been thrown out.
We are now left with a half built home, 200k debt and absolutely nothing to show from it. There is now a half built eye sore in the middle of open countryside that has been left for over a year now.

Is there anything else we an do!? We were forced to rent having sold our home to fund the build and just can't believe there is no where we can take this.

 

[cdbe]

That's the problem with those barns that only have one wall.

 

[Deluks]

The builder was digging and the wall 'just fell down', just like that?

Did you rebuild the wall reusing the stonework that came out of it?

 

[wessex101]

Two points.
1. For something like this you really need a specialist planning consultant not a bunch of idiots on the internet.
2. Surely you have a claim against the builder for negligently undermining the existing building? I hope they have a good public liability policy.

 

[Sierra247]

That's the problem with those barns that only have one wall.

Nope - full 4 walls, windows and roof on this one!

 

[Sierra247]

The builder was digging and the wall 'just fell down', just like that?

Did you rebuild the wall reusing the stonework that came out of it?

I suspect he dug the footings too deep and subsequently the wall fell in, as I say I am no builder!

The stonework was used to rebuild the wall, as per the agreement in our planning!

 

[Sierra247]

Two points.
1. For something like this you really need a specialist planning consultant not a bunch of idiots on the internet.
2. Surely you have a claim against the builder for negligently undermining the existing building? I hope they have a good public liability policy.

1. Correct. We have done this, however just wanted to see if there were any other opinions!
2. This was my thought, hence posting on here, so thank you for commenting, I may pursue this route.

 

[wessex101]

1. Correct. We have done this, however just wanted to see if there were any other opinions!
2. This was my thought, hence posting on here, so thank you for commenting, I may pursue this route.

I was involved with a similar case. Homeowner converted old barn (chicken shed) to provide ancillary residential accommodation. They or the builder had the bright idea of demolishing the existing building and building up from the original footings all without planning permission.
By the time I got involved the shell was up with the roof on when someone tipped off the planners.
My advice to them was to get a specialist planning consultant pronto as they were in a very serious situation. For some reason they chose to ignore that advice and decided to try and fight the planning enforcement themselves.
They lost in court, got a hefty fine and a criminal prosecution. The building had to be demolished including the old original footings digging out and the land reinstated to grass. In planning terms if you demolish a building without planning permission it is as if the building never existed so the new building is treated like a new build on a green field site.
Personally I thought the penalty was massively over the top after all they simply replaced an existing scruffy dilapidated old chicken shed but sometimes it seems the planners like to make an example of someone.

On the other hand there is a notorious local property developer who has undertaken numerous unauthorised building projects and has a string of appeals and enforcement actions but always seems to come up smelling of roses, presumably because he employs good consultants.

I hope that I am wrong but I suspect that you are going to need top notch professional/legal advice if you want to avoid the same fate of the first example.

 

[noseall]

our builders dug the footings around the exisiting shed (note conversion not new build) and unfortunately the wall fell in,

Sue the builder.

However we continued and rebuilt the wall as I say, like for like anyway.

Oh...right. This is where you should have stopped and have a think. Cynical of me to say, but you almost sound grateful that the original wall 'fell over'. I'd do exactly as Wessex has said and spend some serious money on a top drawer planning consultant.

 

[cdbe]

Sue the builder

I expect he's been imprisoned by the HSE for allowing a (presumably substantial) wall to collapse.

 

[Sierra247]

turns out the builder is now in liquidation - so looks like we have been well & truly done over on this one!
Oh well - if anyone wants a half built family home and 200k of debt then let me know, happy to share

 

[^woody^]

we were served with notice that our planning permission had been revoked

Planning permission can't be revoked.

Also, if only one wall fell down and was rebuilt then that's not a rebuild and not enough for planners to take action, nor require a new application.

 

[Koolpc]

Sue the builder.

How do you know that the builders name was Sue?

 

[noseall]

How do you know that the builders name was Sue?

Bob would have done it right fist time.

 

[clifford1]

They or the builder had the bright idea of demolishing the existing building and building up from the original footings

That implies that it is the intention to demolish that is the crucial point, not the actual fact? We are all advised to insure a house to cover the rebuilding cost, with the obvious assumption that if the worst happened in a natural accident or arson we could rebuild the house. That surely assumes either that planning permission would be automatic or not required at all?

So it's a bit like a legal determination in a criminal case - they have to prove an intention to comit the act, not just the fact?