do i have to implement an amendment

[bill 54]

hello

ive an issue after more than a year with planning, i made a non material amendment to my permission granted single story & side ext, so have two drawings both with permission.

the landing side window on amendment was changed from opener to closed, so spoke to my planning officer and was told both plans have been passed i can use the existing roofline side window detail. yesterday i received the email below from an enforcement officer. so do i have to implement an amendment

 

 

Am I right in assuming you have carried out the planning permission as approved under 16/508020/FULL?

If so has it been carried out strictly in accordance with the 2016 permission or only partly?

 

I must remind you of the informative in the no material amendment which states:

 

“Informative(s):

(1) The applicant is reminded that this decision runs in parallel to planning permission

16/503457/FULL and therefore all conditions attached to the existing decision remain

in place and must be observed”

 

once this has been established, I will be able to advise accordingly.

 

[Mr Punter]

I would be tempted to say in writing that you believe the work carried out was in accordance with the consents.  Ask them what they think the breach is and leave it to them to spell it out. 

 

I would not confirm which plans and how much of the amendment has been undertaken.  There is no time limit on a consent once work has commenced.  It sounds like they are inviting you to incriminate yourself.

 

[AliG]

It seems like they might be concerned re conditions in the original application not being followed, rather than whether you built it to the original or amended application.

 

I think you can build either one as they have both been approved. You cannot be forced to build something that has been approved, but once you start you need to build that and not a different version of it, although you can stop without finishing it.

 

I agree with @Mr Punter assuming it is not massively different to the plans, say that you believe you have and leave it up to them to show otherwise. What they might be fishing for though is if you say it has been built, they will then say well did you comply with this condition.

Edited July 9, 2020 by AliG

[the_r_sole]

you don't have to carry out the amendment but you do have to discharge all the conditions placed on the earlier consent, so it sounds like they are saying you haven't discharged the conditions of the earlier permission

[DevilDamo]

Your original Planning approval has the reference number 16/508020/FUL. The reference number referred to in the Informative is 16/503457/FUL. Your NMA reference number is 19/503457/FUL. Where has the Informative reference number come from?

 

Was the NMA application submitted after the works had been completed/signed off?

 

Am I right in saying the changes you were seeking as part of the NMA application was stepping in a part of the ground floor side wall along with raising the cill of the first floor side window (enabling the lean-to roof element to continue below)?

[bill 54]

Thanks for the replies,

 

spoke to planning today they had a complaint about a side window not being obscured and assumed it was the circled window,

 

which it was not it was ground floor kitchen windows,

 

apparently if he opens his landing window he can see my kitchen worktop and if i stick my chin on the worktop i can see his window.

 

Theres a 6ft 8" wall within a 1m of the windows, and you don't have to obscure ground floor windows anyway.

 

 no work was carried out on side roofline before permission was granted on both plans 

 

there was nothing else they were concerned about

 

it has creeped the misses out though so he may well of won 

[the_r_sole]

On 11/07/2020 at 15:20, bill 54 said:

 

apparently if he opens his landing window he can see my kitchen worktop and if i stick my chin on the worktop i can see his window.

 

 

So a non-habitable room to a non-habitable room - the planners should be telling him politely to go away!