Planning Enforcement Agents Question

[ChazBuilders]

Hi folks just wondering if anyone can give me a bit of advice??

I'm currently having my home extended and I've received a letter saying that I've made changes to the roof of the house that wasn't on the planning permission that was granted and now the council have referred it to a planning enforcement agent,

now my issue is the changes were made due to the old roof timbers being rotten and the company that designed the new roof said to build it the way we have as it would be a safer structure as the entire roof would need removing rather than having a new part of roof tied into it,

problem is now the council don't like it and are a bit ****ed I didn't apply for an ammendment.

So to cut a long story short I wondered does anyone jnow what my chances are that the enforcement agent will be reasonable as what we've done makes more sense or will they just want to make my life difficult and make me change the roof, sorry for the long msg but thought best to add a back story lol

 

[oldbutnotdead]

Depends what you've done and what difference it has made to the appearance of the house/street compared to the approved plans. Pics might be handy (obv mask any address-specific details).
Don't think councils have started outsourcing planning enforcement so you'll be dealing with someone from the same people who granted the pp in the first place.
You may hit a different snagette if building control weren't aware of the roof changes as well, but that's a separate issue.

 

[blup]

The enforcement agent can't make you change the roof, only the council can issue an enforcement notice, so you have a choice of submitting a retrospective application (with a right of appeal if refused), or risk an enforcement notice, again with a right of appeal.

Blup

 

[^woody^]

I'm currently having my home extended and I've received a letter saying that I've made changes to the roof of the house that wasn't on the planning permission that was granted

Does that you have changed the extension roof (ie what was applied for) or the existing house roof?

 

[ChazBuilders]

So the new side extension roof was designed to run into the existing Roof about 10 inches below the existing ridge but as the old roof needed removing the roof designer said it would be better suited at all one level, I contacted planning asking for advice and they explained that this shouldn't be an issue but they never sent me anything in writing so now it's my word against there's and they are saying I should of got permission but I was under the impression I had what I needed from them

 

[ChazBuilders]

So the planned roof and has been changed and the old roof has been removed and a new one put on in place which is what's got me into this mess

 

[^woody^]

To clarify, the change in design is just to the extension roof, and the existing roof has just been renewed but to the exact same position and style?

 

[ChazBuilders]

Yes that's correct

 

[noseall]

the new side extension roof was designed to run into the existing Roof about 10 inches below the existing ridge but as the old roof needed removing the roof designer said it would be better suited at all one level

Ouch. Subservience is important to the planners.

 

[^woody^]

OK, strictly any deviation from the approved plan is a breach of the permission. However the breach has to be taken in context of its scale and impact.

You can't use any arguments along the lines of "had to do it", "it would be nicer/safer". If you have contacted the council and someone said it would be "OK", that wont carry any weight unless you have the name of the person you spoke with and times/dates (always get names or call reference numbers when dealing with anyone at the council).

The enforcement officer may quote certain planning policies (such as the new roof being lower than the existing ridge) and what may be approved when making the initial application, but what it will come down to is whether, if you did apply for an amendment, it would have been granted.

You'll need to see what the officer says. You could also look around locally for similar situations to support your contention that it is acceptable, also be aware that if this can't be seen from the road by the general public, the impact is low and councils should not waste public money enforcing against low impact breaches.

If all fails, be aware that whilst it you who may be responsible to deal with any breach, you would normally have a valid claim against your builders for doing it in the first place

 

[ChazBuilders]

Ouch. Subservience is important to the planners.

It genuinely wasn't intentional I asked for advice from the planners who said they couldn't see it being a problem but they didn't email me the info they provided so it's not my word against there's and the planning office isn't exactly my best pal

 

[ChazBuilders]

OK, strictly any deviation from the approved plan is a breach of the permission. However the breach has to be taken in context of its scale and impact.

You can't use any arguments along the lines of "had to do it", "it would be nicer/safer". If you have contacted the council and someone said it would be "OK", that wont carry any weight unless you have the name of the person you spoke with and times/dates (always get names or call reference numbers when dealing with anyone at the council).

The enforcement officer may quote certain planning policies (such as the new roof being lower than the existing ridge) and what may be approved when making the initial application, but what it will come down to is whether, if you did apply for an amendment, it would have been granted.

You'll need to see what the officer says. You could also look around locally for similar situations to support your contention that it is acceptable, also be aware that if this can't be seen from the road by the general public, the impact is low and councils should not waste public money enforcing against low impact breaches.

If all fails, be aware that whilst it you who may be responsible to deal with any breach, you would normally have a valid claim against your builders for doing it in the first place

That's very helpful thank you for the advice and info, in the Builders defence they were the ones who told me to contact planning which I did, just wish I'd got the woman's details when I called all I have is my call log which is of no use to anyone

 

[ChazBuilders]

The house is on a Lane and is the last house in the lane thst looks out on to a field and the neighbours house is higher than our plot so it's not really an issue for any on lookers, but I am aware of a gent who does like to inform the council of any work that isn't exactly to plan, not that I'm pointing the finger but I have a feeling he may have the planning officer on his speed dial

 

[oldbutnotdead]

Just to get this clear. The existing house roof timbers were rotten so it was reroofed to the same pitch, height etc as it was originally. The change is that the extension roof was made higher (or the whole extension was made higher?) so that instead of the extension ridge being appreciably below the main roof ridge, the extension ridge is now level with the main roof ridge?
Visually that could be a big deal, it is certainly a material amendment and it is a highly visible breach of the permission . Can it be seen from the lane or anywhere else the public are allowed to be? Are we talking large detached houses here or a terrace type setting?
Question- when you phone your council do you get a message saying your calls may be recorded for training purposes? If yes, track down the data controller, stick in a subject data request and see if they recorded the call. Or if there's any note of your call in whatever workflow software they use.

 

[noseall]

Question- when you phone your council do you get a message saying your calls may be recorded for training purposes? If yes, track down the data controller, stick in a subject data request and see if they recorded the call. Or if there's any note of your call in whatever workflow software they use.

Lol. It's amazing how much research folk do once they have been rumbled. A brief search will show any folk wishing to advance a building project without confirmed planning permission, or to contravene existing permissions, is bonkers. There are many tales of folk having had phone conversations and being disappointed. What they never tell you is the bloke at the other saying under no circumstances take this as permission granted.

It is common policy amongst nationwide planners that an extension roof is subservient to (lower) than the original. No designer would deliberately draw it otherwise because he knows it would be knocked back, in about 90% of cases.