planning enforcement magistrates court summons (need urgent guidance)

[jayb1970]

hello all, i have come across this website today and need some urgent guidance in regards to a planning issue.

A 2nd storey 3 meter extension application was give in to the council whilst i was making a side storey extension, the 2nd storey 3 meter extension application was to make a bathroom for my father as he had weak lungs and major heart issues, after the specific time had lapsed the planning office had confirmed to the architect all seemed to be ok, and they will sign off the paper for application granted, once they had given the verbal all clear we were already near that stage due to the side extension and we started with the work with this extension (bad idea).

once the work was completed , we had got a enforcement notice, as our next door neighbours had at the last moment complained before the local council for loss of light in there room, this is before the council had signed the application as granted.

its been 3 years now since the extension work had been complete, we have had numerous letters via the council enforcement asking as to rectify the issue and take down the 2nd storey 3 meter extension, yet with my father being an old man he insisted to retain the extension due to his illness,

My father sadly passed away this year.

few weeks ago i have received a court summons from the local magistrates court, i know it is a criminal offence that we did not remove the extension. my question is how can we go forward with the council and resolve the issue as we do want to retain the extension.

our area is very well populated with extensions, so im not quite sure why we are being singled out by the council.

has anyone else have had a similar issues and the local authorities took them to court due to the enforcement.

can anything be said at court that might help us in anyway.

any advice will be much appreciated.

J.

 

[OwainDIYer]

Instruct a planning lawyer to represent you.

 

[jayb1970]

ive asked a few, but due to being too short notice cannot seem to find anyone, as the court date is for next week, also a friend has said i most likely need a criminal lawyer and not a planning lawyer?

 

[^woody^]

You need Solicitor experienced in planning matters, unless you plan on killing someone, then it will be a criminal one.

It's all last minute, so you need proper legal advice not several forum opinions.

You could ask the magistrates for time to make a retrospective planning application, as the council are unlikely to meet such a request at this stage and postpone the case.

Can't your home insurers help out?

And if you have followed your Architects advice and gone ahead without permission, then you can pursue a claim of negligence against him for your costs if the extension needs to go.

 

[jayb1970]

having such short notice i might struggle to get someone, but will try early next week and will search on the internet over the weekend, what if i go to court without a planning lawyer do you think thats a risk?

sorry how can the home insurers help out?

 

[^woody^]

Your home policy normally covers you against any legal claims, and could recommend a suitable firm.

If you go to court unrepresented and clueless, then the other side will state their case unchallenged and the court may well go with their assertions as fact, and rule against you.

You may want to research getting the case postponed instead of googling planning law.

 

[tony1851]

Perhaps ask the magistrates for an adjournment while you get a planning lawyer?

 

[jayb1970]

the enforcement case officer has already forwarded all the file to us and most likely he has sent another to the court, he has added in the case file he will not be present in court.

 

[jayb1970]

most likely the court would have already made a judgement of the case before that day as the judge would have read all the file.

im just thinking if im going to get fined, why pay a planning law solicitor £1000,s too?

 

[jayb1970]

also because its an enforcement i will require a criminal law solicitor, and not a planning law

because the enforcement notice has not been complied with, hence its not a planning issue but a criminal one now.

 

[^woody^]

It will be the council's Solicitor who pleads their case, not a planning officer. They won't see a need to call the officer as witness (to save costs), and will rely on his written statement or his report.

The Solicitor will state the case as fact based on the documents submitted and with reference to planning law.

You won't know if they have followed the law correctly to bring the case, or if they are referring to the correct up to date regulations. The Recorder won't question this, and will guide the magistrates to accept the council's argument and rule on that.

 

[^woody^]

because the enforcement notice has not been complied with, hence its not a planning issue but a criminal one now.

Sorry, you clearly don't know the process, so don't make things up what you think will happen or what the court will do or have done. You'll stress yourself out.

The court can't make a decision before the case unless you have entered a plea beforehand. There are no judges in the magistrates court.

It's not a criminal case is a planning case.

 

[jayb1970]

the council gave an enforcement notice, which i have not complied with, so that is an offence? obviously should i plea guilty?

 

[^woody^]

No, never plead guilty unless you are fully aware of the law.

You don't even know if the enforcement notice was valid or served correctly.

Get on the phone to your insurers, and or a Solicitor who knows planning law. Or just find out about postponing the case until you have got proper advice and representation.

 

[jayb1970]

thats fine , can i just ask woody whats your background in planning.