Breaching Building Regs/Planning

[DevilDamo]

But is an LPA actually in a position to do anything?

If the works are deemed as complete, i.e. Building Control sign off then according to Planning, that would be seen as a job finished. If the roof has changed from what was approved then yes, the LPA could look at taking action.

the wall can be rendered at some future date,

If the existing house is part rendered then yes, that would be fine because it could be done later and the proposed external materials would match existing. The OP has only mentioned the existing house has red brick and we don’t know what the rest of the house is. If the existing house is not rendered, then the rendering of the extension (no matter when it’s done) is not complying with the condition... as there is no render to ‘match’.

 

[wobbly2]

The house with the extension is red brick on the ground floor with render/pebble dash to the first floor and so is the neighbour's property along with all the other houses built in the street at the same time (mid 1930's). Given the animosity between the two property owners I doubt rendering the outer leaf of the side elevation is intended, especially as access is unlikely to be given.

At present the side elevation has only been built to just below the fence level so the neighbour can't see it unless he/she peers over; it will be interesting to see if the concrete blocks are topped with red brick above the fence height to hide what is below.

I worked in the building for many tears and have seen brickies lay overhand and point the same many times. Yes, it's more difficult and costly and often done with much moaning but that is hardly a good reason for ignoring the planning consent requirements especially when their is already a dispute in progress.

 

[wobbly2]

Out of curiosity would laying 24 courses of bricks frog down and 8 rows of non-lightweight concrete blocks in a day be excessive? One 100 x 440(?) column (cut 1/3 + 2/3) of single lightweight blocks had to be rebuilt this morning, I think the wind got to it.

 

[^woody^]

If the works are deemed as complete, i.e. Building Control sign off then according to Planning, that would be seen as a job finished

Where is your source of reference for that?

Not all works under planning permission require building regulation consent, so it can't be a fact or a measure of completion. Did you make it up?

And what if it's never completed under building control either ... which is also perfectly lawful not to get it signed off.

Time, or even completion in this context is not a factor unless that too is conditioned.

 

[DevilDamo]

The house with the extension is red brick on the ground floor with render/pebble dash to the first floor

The Planning condition states to match existing, so if any part of the existing house is rendered then the new extension can also be rendered as it matches. The conditions aren’t worded or enforced as such to say all single storey elements should match the existing single storey elements of the house. In other situations where a house could have brick on the ground floor, render on the first floor and a tile hung dormer then that gives the homeowner to finish the extension with a variety of finishes.

As there are not time limits for completing extensions, then the render could be done at any time the homeowner wants.

 

[DevilDamo]

Where is your source of reference for that?

Used in particular when combining PD and PP. PD works would have to be substantially complete, which to the LPA is usually Building Control sign off prior to an application for PP being submitted or PP works commencing.

 

[^woody^]

Used in particular when combining PD and PP. PD works would have to be substantially complete, which to the LPA is usually Building Control sign off prior to an application for PP being submitted or PP works commencing.

You're struggling.

Where is it stated within the T&CPA that there are time limits for the completion of work and the criteria for when work can be deemed completed?

 

[DevilDamo]

Planning Enforcement comes with time limits. Anything else you want to try and pick holes and request examples of?

 

[charliegolf]

The planning application states that the materials used will match the existing building, which is red brick at the ground floor level.

How can using blocks 'to be rendered after enforcement timescales have closed' ever be construed as meeting the demands of the permission?

 

[John D v2.0]

How can using blocks 'to be rendered after enforcement timescales have closed' ever be construed as meeting the demands of the permission?

Well, if you are that is not substantially completed, then the enforcement timescale won't have started, so that would shoot you in the foot.
But i think completion is a question lawyers could happily spend lots arguing about, it's not a defined term. Look at the guy who built a castle in the haystack, he didn't look so smart when he had to demolish it, although he got a good few years of use.

 

[^woody^]

Planning Enforcement comes with time limits. Anything else you want to try and pick holes and request examples of?

Yes I'd like you to stick to the one issue, not bring in other irrelevant things to back up your incorrect statements, and cloud your assertions.

i.e. there are no time limits to finish the work unless expressly conditioned. Therefore, no enforcement action can be taken against an unrendered (unfinished) wall.

 

[charliegolf]

Isn't the most relevant fact here that, the extension is conditional on being done in red brick? Are you suggesting that a blockwork wall ' that will be faced in brick before completion', is a way of subverting the condition?

 

[^woody^]

Isn't the most relevant fact here that, the extension is conditional on being done in red brick? Are you suggesting that a blockwork wall ' that will be faced in brick before completion', is a way of subverting the condition?

The house is part rendered. One oddity of the planning rule, is that there is no requirement to match any particular part of the existing building.

So yes the block wall could be faced with brick slips, but another possibility is that the wall is to be rendered at some future unspecified date, and that may or may not include the brick walls too.

Either way, if the wall is clearly unfinished block work, that means the job is not finished.

 

[mrrusty]

I agree that rendering is the sensible option and IMHO I agree would never be a planning breach. The neighbour should allow access to get it nicely finished and painted. If they refuse to cooperate they can hardly complain if the wall stays unfinished, which it could do for a long time (notwithstanding bare block is not really a suitable exterior finish performance-wise).