planning enforcement magistrates court summons (need urgent guidance)

[angelboy]

So the neighbor that complained, is it the same one who's garden your stood in taking the photo?


Have you got a link to the original granted planning application? It would be interesting to see the original plans. Just a council name and the application number should do it if you don't have a digital copy to hand.

 

[^woody^]

Don't post your planning app, as it will identify the address.

 

[chappers]

Well you have two issues at hand here the point of law with regards to your fine and the court appearance and the retention of the extension.
With regards to the extension it clearly breaches the 45/25 degree rule, but there are ways around that depending on other factors also looking at it a decent planning consultant might have been able to negotiate an amendment to the building such as maybe forming a mansard roof to the neighbours side allowing more light in maybe combined with stepping the extension in.
should have been more considered at the design stage. I know you say your Arch said it was going to be Ok but he should have been more cautious knowing that it contravened such basic principals.
Don't post the planning details, but what were the reasons given for denying permission? Verbatim please

 

[angelboy]

Don't post your planning app, as it will identify the address.

Who cares?

Block out the address details then.

 

[^woody^]

Who cares?

Post your address then and see who cares

 

[^woody^]

it clearly breaches the 45/25 degree rule

It's not clear to me that there is such a rule, that it does breach any rule that we don't know exists, that the room is a relevant room to which any rule applies, and that the centre of that window is know so as to denote the position of the reference line.

 

[Nakajo]

Apart from that, though...

 

[jayb1970]

to give you a better idea ive added a few more pictures

the community centre extension comes out approx 5 meteres ours is only 3 meteres

 

[Deleted2797112]

Looking at your first picture - you've extended across the full width of your property, ground floor and first floor, you've extended up into the roof and you've extended back into the garden at right angles to the rear wall of your property? Anything at the side or front that we haven't seen?

 

[jayb1970]

the 2 storey extension was done on the side of the existing drive (planning approved), which is the right part of the main roof which is new, and then the left side (small roof) is what the enforcement is for, we had added a dormer in the loft (planning approved) , on the front side nothing had been done.

 

[angelboy]

Who cares?

Post your address then and see who cares

I'm not the one asking for advice but only giving part of the story.

 

[jayb1970]

The solicitor is looking at the case for me to appeal to the crown court.

He has said if we lose we might get a bigger fine? And end up paying the court and council costs.

Do you guys think Is it worth the risk?

 

[Deleted2797112]

The solicitor is looking at the case for me to appeal to the crown court.

He has said if we lose we might get a bigger fine? And end up paying the court and council costs.

Do you guys think Is it worth the risk?

No-one here can advise you on the risk as you've not shared the grounds on which you intend to appeal. Having costs awarded against you might mean losing not just the extension but the whole house. Think on.

 

[angelboy]

Yeah, **** it. Why not.....

.....let us know how you get on

 

[tony1851]

Looking over this thread, I still think £8.4K is a large fine for ignoring an enforcement notice. This makes me
wonder if there are any circumstances we don't know about which have made the magistrates impose such a large fine.

Have you only ignored previous correspondence from the council, or maybe added insult to injury by rubbing them up in some way?
If this has happened, perhaps think twice about appealing to a higher court?

Why not just cut your losses, pay the fine, and see if you can negotiate a partial removal of the extension to get it back from the neighbour's window (presumably the enforcement notice would have required the removal of the whole extension?).

As the council have now had their pound of flesh, maybe they would be just a little more sympathetic?

But at the moment, doing nothing is not a sensible option.