Transformation of a block of flats into a single dwelling ho

[Auction]

I complained to the planning department because my neighbour has allegedly transformed his property which was a block of flats into a single dwelling house only to get permitted development right. In the report of the planning department it is stated that the only alteration made to this property to allegedly transform it into a single dwelling house has been the removal of the panel of two internal doors.

I complained to the planning department because there have been no permanent alterations e.g. no fixtures like kitchen and bathroom removed. I complained also because the removal of the panel of the two internal doors without their frames could not be considered as permanent alterations.

I complained also because the way this property was built means the removal of the panels of these two internal doors means that there is no door between the garage and the living parts of this property and as a consequence this property could not be used as a single dwelling house because building regulations because of the exhaust gas from the car in the garage going into the living parts of this property

The planning department told me that t is not necessary that fixtures like bathroom and kitchen are removed to transform a block of flats into a single dwelling house

I am surprise by this reply. I do not understand how a block of flats could be transformed into a single dwelling house without any permanent alterations having been made for example it is easy to put back the panel of two doors if their frames have not also been removed

Moreover after waiting for several months finally the planning department has also replied to my accusation that this house could not be a single dwelling house because there is no door between the garage and the living parts of this property by telling me the following

“In your email you state that the property could ‘not be a single dwelling house because of Health & Safety Regulations because there was no door between the garage and the living parts of this house’. When the Local Planning Authority are considering the lawful use of a property we can only apply planning legislation (e.g. Town and Country Planning Act, General Permitted Development Order). A breach of other legislation (eg Building Regulations or Health and Safety Regulations) does not mean the property could not be a dwelling for planning purposes”

I am surprise also by this reply because in its report the planning department says that the decision of this house being transformed into a single dwelling house has been taken at the balance of probabilities. However I do not understand why the planning department has not taken into account that if nobody can live in a house because breach of building regulation it is very likely that this property is not used as a single dwelling house.

I do not understand also why the planning department has not also taken into account that the fact that there is no door between the garage and the living parts of this property means also it is very likely that the panel of these two doors were not removed permanently and as a consequence this property is not a single dwelling house also for this reason.

I would like to know how to explain to the planning department that it is wrong

 

[noseall]

I would like to know how to explain to the planning department that it is wrong

What makes you think planning would be interested in building regulations?

 

[Nakajo]

They're not, so you can't. Move on.

 

[Auction]

I think that building regulation is important in this case for the following reason:

The planning department is wrong to consider that the panels of these two doors have been permanently removed because the building regulation department can take enforcement action at any time and forces this neighbour to put back the panel of the door between the garage and the living parts of this house (because gas from exhaust pipe and fire regulation). Hence this panel could not be considered as being removed permanently. However the only physical alteration why this property was considered as a single dwelling house according to the report from the planning department was the removal of the panel of these two doors because there were no fixtures as bathrooms or kitchen removed.

I would like to know if I am right or wrong

 

[tony1851]

just a couple of points to consider;

1. Planning departments only apply planning criteria when assessing applications.
They do not get involved in Building Regulations matters - they are not competent anyway. It's not unusual to see planning approvals which would not get past Building Control.

2. Under the Building Act, councils cannot take action for contraventions 'at any time'. These are time-limited, mostly for 12 months.
However, anyone can apply for an injunction at any time to have an alledged contravention put right. Why not try this yourself if you feel so sure?

 

[Auction]

1.
The issue is whether or not the panel of these two doors could have been officially removed and not whether or there has been a breach of planning law

2.
Irrespectively of whether or not this property was a single dwelling house the planning department cannot claim that the panel of these two doors were permanently removed. However the planning department choose not to require from the owner of this property more alterations than the removal of these two panels without the removal of the frame even thought we would have expected more alterations than this. It is a choice that the planning department has made. However as a matter of fact because of building regulation officially the panel of these two doors could not have been removed what means that this property could not a be single dwelling house because the removal of the panel of these two doors was the only evidence used by the planning department and it has gone

3.
The planning department chose to use as criteria only the removal of the panel of these two doors which is building regulation. It did not choose to ask this neighbour to remove one of the kitchens or one of the bathrooms or the frame of the doors from his block of flats what would have been planning law. Hence how can it say now that it this criteria does not matter because it is building regulation!

4.
If this criteria is really irrelevant this will mean that the fact that the planning department chose as criteria to decide whether or not this property was a single dwelling house only a building regulation criteria and not a planning law criteria as for example the removal of a kitchen or a bathroom could mean that it decided that this property was use as a single dwelling house without enough evidence

5.
Moreover this garage is protected by a planning condition attached to a previous planning permission which says that it should be made available at all time for parking car use. If the panel of the door between this garage and the living parts of this house has really been removed permanently this would mean that this garage is not anymore used for parking car and this is planning law

 

[noseall]

As far as planning are concerned, the decision was made based upon a physical alteration (amongst other reasons probably) that happened to be a building regulation. There would be nothing stopping anyone reverting back (structurally) once the planning decision has been made.

Whether the building then becomes multiple occupancy once more will be a legal argument that would need to be proved I guess.

What is the difference between a large family and a group of people?

Is such a property (council) taxed accordingly whether that be because it is a multiple bedroom property irrespective of who is in those beds?

What I'm saying is that it must be a large building so the council amenities facilitating that building will be taxed accordingly, yes/no?

 

[Auction]

1.
Strangely according to what is stated in the report from the planning department it was the only physical alteration it took into account to decide that this house was used as a single dwelling house

2.
The fact that the planning department has considered only a building regulation alteration as evidence that this house is a single dwelling house means that it should not have told me that it does not accept any evidence which is only about building regulation like the fact there was no door between the garage and the living part to prove that this house could not be used as single dwelling house

 

[AronSearle]

The planning department told me that t is not necessary that fixtures like bathroom and kitchen are removed to transform a block of flats into a single dwelling house

I am surprise by this reply.

Why? Are you aware of some law that says you can only have one kitchen? do tell?

I do not understand how a block of flats could be transformed into a single dwelling house without any permanent alterations having been made for example it is easy to put back the panel of two doors if their frames have not also been removed

It is also just a few hours work to knock out a stud wall, or to build one, what is your point?

“In your email you state that the property could ‘not be a single dwelling house because of Health & Safety Regulations because there was no door between the garage and the living parts of this house’.

Thousand of houses round my way have no door between the garage and living parts of the house, what regulation you are on about?

 

[Auction]

You have to make the difference between some hours work and some seconds it take to put back a panel into its hinges

It is up the applicant to prove that his block of flats is not anymore a block of flats to do this he has to prove that he have done some permanent alterations

So thousand people around you when they start their cars the gas from the exhaust pipe go direct into their kitchen and living room. It should not be very comfortable to live in these houses and no good for the health

 

[sparkymarka]

Still not getting on with the neighbour then ?

 

[clifford1]

So thousand people around you when they start their cars the gas from the exhaust pipe go direct into their kitchen and living room. It should not be very comfortable to live in these houses and no good for the health

Modern car exhausts are often cleaner than the city air.

 

[tony1851]

It is up the applicant to prove that his block of flats is not anymore a block of flats

The applicant doesn't have to prove anything - no-one has accused him of anything.

 

[AronSearle]

You have to make the difference between some hours work and some seconds it take to put back a panel into its hinges

Really?

Which law or regulation says that then?

So thousand people around you when they start their cars the gas from the exhaust pipe go direct into their kitchen and living room. It should not be very comfortable to live in these houses and no good for the health

I asked you which law or regulation you are referring to?

Bit of a theme this.....

 

[Auction]

You have to understand what is at stake. If an applicant proves that his property is not anymore a block of flats and it is now a single dwelling house he gets permitted development rights. The planning department needs strong evidence before deciding that this property is now a single dwelling house and grant permitted development rights i.e. strong evidence that there has been a ‘Change of Use’ i.e. physical evidence. Otherwise its decision could be challenged in court and also a complaint could be made against it because he has properly processed this application.

If a single dwelling house is split into flats we add kitchens and bathrooms. If this block of flats is then amalgamated again into a single dwelling house we expect the reverse i.e. some kitchens and bathrooms are removed.

Building regulation B about fire safety because the lack of door in case a fire spreads and Building Regulation F about ventilation because the pollutant from the car which goes everywhere in the house. Maybe some new cars have clean exhaust but they should smell nevertheless a little bit petrol. Moreover not all cars are new. If there is no door between your garage and the living parts of your house it is like sleeping in your garage with at you side your car