Planning permission refused and appeal refused what next?

[Peters1]

Hello all, need some expert help yet again, as you know with the planning application which went to commitee and was refused, hence we had put an appeal in, and a few weeks ago the appeal has also been refused

i just dont know what to do next? Its only a 3 meter second floor bedroom and nothing major, can the council actually take my second floor extension down?

As theres no way of taking it down due to access of the property as me and my 3 kids are living in the house now.

Your help as always will be much appreciaed as im totally helpless and this is seriously taking an effect on my health.

 

[noseall]

I've skimmed through your previous posts and it seems like you have been too hasty in getting what you want.

Doing anything official based on what someone has said rather than written is both risky and foolish. I guess you have learned your lesson.

Pull it down and start suing everyone. Remind the architect of his obligations at the same time as sending him the solicitors letter.

Always wait until you have the "APPROVED" stamp.

 

[Peters1]

Its easier said than done to pull it down now, as ive said previously there is no access apart from going through the house and ruining the rest of the house, can the council actually pull it down? As ive never heard the council actually going in and taking down a house extension.

Even the appeal inspectorate decision is totally wrong, for eg he has said due to the distance of the rear neighbours from the second floor extension we can see their living room hence protecting amenities, well he didnt see we always sit in the new living room too and the neighbours can also see directly in to our room, wheres protecting our amenities yet that planning application had been passed A few years ago.

There has been many flaws in regards to the councils and the inspectorate decision. We had made a formal complaint about 1 of the councilors misconduct The head of the council had sent me complaint decision saying the way he had dealt was totally wrong and should have not done yet, yet there decision is they will send him for more training. "How stupid is that"

Is there any other way i can take this forward?

 

[freddiemercurystwin]

Doh! Should have listened to the forum and not your architect. A moot point now maybe. At the very least the works should have been halted at the first inclination that the app would be refused, which it was not.

I would hazard that they would ultimately not take enforcement through to the bitter end. But they could and may do but that’s just my opinion and they’ve got you into trouble before ….

If ultimately it did have to come down you would pay the bill, no matter how awkward or disruptive to the rest of the house.

You can’t appeal against an appeal decision though you can legally challenge it or complain. Who handled the appeal incidentally?

 

[rjm2k]

well he didnt see we always sit in the new living room too and the neighbours can also see directly in to our room, wheres protecting our amenities yet that planning application had been passed A few years ago.

You seem to be suggesting that you shouldn't have been allowed to build your first extension either?!

 

[freddiemercurystwin]

I guess they could fine you for failure to comply with the original Planning Permission too.

 

[tony1851]

You can only appeal a planning inspector's decision on a point of law - ie has s/he taken all planning matters into account in reaching a decision?
In practice, not only is this costly and risky, but very few decisions by inspectors are overturned by the courts. In practice, you need to accept that you have exhausted all possibilities in keeping the extension as it is.

The Council will have stipulated a time limit for complying with the enforcement notice. Has that been confirmed in the appeal decision? Could you ask the council for more time to arrange matters, so that you could perhaps arrange your domestic affairs so that the extension could be removed with minimal disruption?

Has the Council ever suggested a smaller extension, which might enable you to reduce the amount of building work needed?

 

[Peters1]

The area we are in people have made extensions left right and centre and some bigger than ours, and i dont see why we are being targeted for our wrong doings.

Ok hands up i should have awaited a written approval by the council, but i thought the planning officer looking after our applications email would suffice.

They have given us 6 months for the enforcement notice, i have read online theres a judicial review case but if we go through that it does not actually give a approval decision. Yet they might just review the case.

What if we forward another planning application for the part we had built? Can we not put that through again even though it has been completed.

A different company was looking after the building regulations which were appointed through the council, and they have given us a completed certificate for the property.

 

[freddiemercurystwin]

What if we forward another planning application for the part we had built? Can we not put that through again even though it has been completed.

It would be impossible for the council to approve something that has been previously turned down, unless planning policy had changed in the meantime.

 

[rjm2k]

A different company was looking after the building regulations which were appointed through the council, and they have given us a completed certificate for the property.

Building regs are completely different and separate to planning approval.

 

[Peters1]

What if i was to sell the house, do you thinkiwill be able to sell it on and let the occupiers deal with it, or is it to do with me as its my name on the enforcement notice? Yet if i dont live there anymore the council cannot do anything. Any suggestions?

 

[munchingB]

would you inform the potential buyers of the situation or would you let it drop on them like a big big poo from very far above?

how much less do you think your house is worth given that this work needs to be completed..plus the whole hassle to someone of having to do it.

can you not alter this extension to comply with these points the council are not happy with?

i know they are saying that in its present state it needs to come down but they are not there to do your thinking and whatever they have said doesnt mean that they wont be open to alternative suggestions.

can you post some pics and maybe members on here can offer better advice.

 

[rjm2k]

What if i was to sell the house, do you thinkiwill be able to sell it on and let the occupiers deal with it, or is it to do with me as its my name on the enforcement notice? Yet if i dont live there anymore the council cannot do anything. Any suggestions?

No chance, you would struggle to sell anyway and even if you did you would get far less than market value.

 

[noseall]

I just find the arrogance of some people astonishing, ploughing on ahead without p.p.

Whilst i agree that they are a bunch of weird busy-bodies, the planners do have their reasons and are there to safeguard against unreasonable and outrageous buildings or developers.

 

[limerockconstruction]

I just find the arrogance of some people astonishing, ploughing on ahead without p.p.

Whilst i agree that they are a bunch of weird busy-bodies, the planners do have their reasons and are there to safeguard against unreasonable and outrageous buildings or developers.

I was reading on through this post hoping someone would say something like this, i'm glad you did noseall.

They are weird and busy body like, but we can't all start doing what we want.

It baffles me - if the builder had made the decision to do it, he'd be a cowboy!