Planning Enforcement

[twowheelsgood]

Hi folks, we seem to have a number of legal brains on these forums, I wonder does any of you know what happens after a planning decision and appeal fails? i.e. how do we get an enforcement? The reason I'm asking is that I wonder whether some time limit

Anyway my parent's neighbours built something out of concrete resembling a helicopter pad as additional parking space. Unfortunately because of the slope this actually towers nearly 30ft above the house! Well he did actually ask and my parents said no, but he went ahead anyway without planning permission (like why bother to ask?). When the authorities caught up with him he applied for retrospective permission and was denied. He appealed and failed. That's basically how it's stood for nearly a year.

What comes next?

Thanks in advance.

 

[marinyork]

I'm not an expert but I would have thought it's a fairly lengthy time period as the recent case of the straw bale castle shows...

 

[twowheelsgood]

Bah, wrong forum, please move to "Cyclechat Cafe" mods.

 

[Beardie]

Since you're in Zurich, Switzerland, British planning law may not apply.

Switzerland! Not surprised there's a slope.

 

[RecordAceFromNew]

Since you're in Zurich, Switzerland, British planning law may not apply.

Switzerland! Not surprised there's a slope.

I believe the OP is referring to his parent's problem, who I presume live in UK.

Try here.

However I believe you need to look/ring up for the relevant policies and practices for the relevant council.

 

[twowheelsgood]

'Tis in deepest, darkest cornwall.

 

[ASC1951]

What comes next?

Your parents need to persuade the Local Planning Authority to serve an Enforcement Notice. These come in different shapes and sizes, but if the neighbour doesn't cooperate at all the LPA can ultimately demolish it and send him the bill. Breach of an EN is also a criminal offence. No LPA likes being given two fingers, so it's just a matter of getting them to work up a head of steam about it; they may already be on with it.

Breach of planning control doesn't give your parents any individual rights, but if the pad is in breach of a restrictive covenant or is a 'private nuisance', they may be able to take legal action themselves. They would need deep pockets for that, so its very much a last resort.

I suggest your parents contact the planning officer responsible and go in and discuss it all.

 

[twowheelsgood]

Thanks, that sounds like good advice.

It just seems strange that after a planning appeal has failed, the planning authority don't take any action themselves - I'm concerned about the time taken. It really does need a request from an interested party (i.e. my parents) for any action to be taken?

The planning people have been extremely good and extremely helpful. The guy really seemed pee'd off that someone had the nerve to build without permission on his patch. I get the impression that they become really bloody-minded with the regs should someone apply retrospectively.

 

[wafflycat]

Here you go. Try here for a source of independent professional planning advice

Planning Aid: http://www.planningaid.rtpi.org.uk/

A quote from the Planning Aid website:-

"Planning Aid provides free, independent and professional town planning advice and support to communities and individuals who cannot afford to pay planning consultant fees. It complements the work of local planning authorities, but is wholly independent of them.

Planning Aid was started by the Town and Country Planning Association in 1973 and has consistently proved its worth. From the beginning, it has been at the forefront of engaging communities in the planning process. Now Planning Aid is working to further widen engagement in the planning process and to give an equal voice to all those involved in planning.
Communities and Local Government (CLG) have confirmed funding until 2010/11. The funding and support will help to build a bigger and better Planning Aid network.
Planning Aid is about much more than giving advice. It engages communities positively in the planning process to help them manage changes to their neighbourhood areas.
Planning Aid can help people to:

• Understand and use the planning system
• Participate in preparing plans
• Prepare their own plans for the future of their community
• Comment on planning applications
• Apply for planning permission or appeal against refusal of permission
• Represent themselves at public inquiries.

Planning Aid helps to meet one of the key aims of the government's planning reform agenda, which is to place community engagement at the heart of the planning system."

 

[Over The Hill]

I would think he could string it out by applying again for some sort of amended plan and it having to go around the process again.

 

[Brains]

I have found it depends on the planning officer

You need to hassel them on a regular basis to actually get them to force something to be removed, as quite frankly once it is up it is very rare for it to come down again

The straw bale house mentioned above is a case in point, built in 2004, found end of 2007 and it's still there today
http://www.dailymail.co.uk/news/art...k-Tudor-castle-tried-hide-40ft-hay-bales.html

I only know of one case where the council enfoced a change and that was an attic extension where the windows looked directly into the neighbours bedrooms. Windows were moved.

My father was on the planning committee for N.Cornwall for many years in the 1980's, there was a rule passed that all new houses had to blend in with the local houses and be faced in stone, it was aimed at the pebbledashed bungalows.

Is it enforced in Cornwall ?

 

[BearPear]

I would think that this is a case where involving the local MP might be helpful. Speaking as a local government employee I can confirm that if a councillor or MP gets involved in a case, the managers are falling over themselves to sort it.

 

[ASC1951]

I would think that this is a case where involving the local MP might be helpful.

Good point, but it also gets up LPA employees' noses if you go straight to your MP first.

Councils certainly can push things to the limit if the evidence is there. We (South Yorkshire solicitors) had a client who tried to turn a brick barn into a four bedroom house, just went ahead with it and messed the council about at every stage right up to losing on appeal. In the end they got teed off with him and prosecuted for non-compliance with an Enforcement Notice. The council told him he had no defence, we told him, our barrister told him, but he still wasn't having it. Result - £2,500 fine plus the council's costs and a bill, as yet unquantified, for bulldozing it all and clearing the site.

Serves him right, the silly sod.

 

[twowheelsgood]

Thanks for all your advice folks.

My parents contacted the planners and things are in progress. The neighbour is threatening to physically throw himself in the way of the wreckers ball and "die trying".

The guy is clearly an utter tool as he lives in London and visits maybe 3 times a year anyway. I have no idea why he built this platform anyway unless he plans to launch jump-jet assaults on the nearby village. He's even added a handrail in clear breach of the first, rejected plans. (The second, reject plans basically show the same thing but with this removed).

Oh, and he's a builder, so you would have thought he'd know better, wouldn't you? He has the attitude of a bloke who is used to getting his own way and doesn't like being told what to do. I'm just a bit concerned in case he gets nasty, my folks are knocking on a bit now.

 

[vernon]

Good point, but it also gets up LPA employees' noses if you go straight to your MP first.

Councils certainly can push things to the limit if the evidence is there. We (South Yorkshire solicitors) had a client who tried to turn a brick barn into a four bedroom house, just went ahead with it and messed the council about at every stage right up to losing on appeal. In the end they got teed off with him and prosecuted for non-compliance with an Enforcement Notice. The council told him he had no defence, we told him, our barrister told him, but he still wasn't having it. Result - £2,500 fine plus the council's costs and a bill, as yet unquantified, for bulldozing it all and clearing the site.

Serves him right, the silly sod.

Just occasionally someone does get away with it....

My kid brother obtained planning permission or a barn conversion but had an accident which left just a gable end onto which he built a very nice luxury five bedroomed house.

The planners caught wind of the development and moved in on him before he got the roof on and instructed him to demolish the building as it was now classified as a new build rather than as a conversion. Lots of expensive legal representations including £20,000 to a barrister who informed my brother that he'd quite happily eat his hat if my brother managed to keep the house and that he couldn't possibly take any more fees for a lost cause.

Several months later the barrister was presented with a tweed flat cap and a choice of sauces by my brother who single handedly ran a PR and press exercise that would have put Max Clifford to shame and convinced the council to overturn it's own planning department's decision.

A decade later my brother confessed to me that he thought that he was facing financial ruin as all of his assets were tied up in the house and he really thought that he was going to be cleaned out. Such desperate times spawned his ingenious campaign that bordered on the illegal but dissociated him from the actions that lead to the overturning of the demolition order.