Living in "illegal" building and affect on future planning

[Onoff]

Just now, joe90 said:

But that’s the problem, if we allow some to get away with it that becomes the norm. I would report it anonymously and consider it everyone’s civic duty to do likewise.

 

There's certain areas if you "grassed" your place would get torched if not worse. 

[IanR]

2 minutes ago, Onoff said:

 

Don't they have to pay back council tax? Also if it's been deliberately concealed by say straw bales, fast growing hedge etc isn't the CLEUD null and void?

 

Yes, if you've concealed a breach, you'd be denied a CLEUD.

Council Tax would be separate, and it wouldn't surprise me if they were chased for it.

[joe90]

3 minutes ago, Onoff said:

 

There's certain areas if you "grassed" your place would get torched if not worse. 

That’s why I said anonymously, and don’t talk about it to anyone, especially down the pub.

[Ted_86]

55 minutes ago, joe90 said:

That’s why I said anonymously, and don’t talk about it to anyone, especially down the pub.

I don't trust my council to not accidentally pass on my details.

 

They say reporting to the enforcement team is confidential, but they still want a name and address.  I can just image an email being sent to the homeowner with my name mentioned somewhere.

[jack]

3 minutes ago, Ted_86 said:

I don't trust my council to not accidentally pass on my details.

 

They say reporting to the enforcement team is confidential, but they still want a name and address.  I can just image an email being sent to the homeowner with my name mentioned somewhere.

 

Just discreetly take a photo, print it, and send a physical letter with no details. Even without the photo, you could just describe what's happened, as you did above. If they take no action, you've lost little.

[Moonshine]

4 minutes ago, jack said:

send a physical letter with no details. 

 

[Moonshine]

10 minutes ago, Ted_86 said:

They say reporting to the enforcement team is confidential, but they still want a name and address.  I can just image an email being sent to the homeowner with my name mentioned somewhere.

 

Just use the name and address of someone else in the village?

[jack]

Just now, Moonshine said:

Just use the name and address of an enemy in the village.

 

Fixed it.

[Onoff]

22 minutes ago, Moonshine said:

 

Just use the name and address of someone else in the village?

 

Why not just use the name and address of the person who built it? On the lines of "Dear council. I built this, I dare you to come after me!" 

[dangti6]

5 hours ago, Ted_86 said:

I guess it's up to the neighbours to complain if they have a problem.  I was just intrigued...

 

Makes me wonder why I've bothered with planning permission and building control in the past.  I should've just shoved a shed in my garden, rented it out and counted my tax-free cash.

That’s exactly why you should report it.

 

Whilst I was waiting for planning permission last year and had feedback to suggest it was imposing and should be reduced in size, I made a mental note during my evening lockdown walks of every terrible extension that had either been granted or as I found on a couple of occasions, refused but built anyway. I was fully prepared to use the examples.

 

There’s a brook running behind me. The opposite side of that there are 2 properties which have potentially eaten in to the ‘green space’ and moved their boundaries. Doesn’t affect me, but they have had the brass neck to dump what must be a dozen tonnes of soil from levelling the area behind the fence. When I get 5 I will probably raise it as much as it does make me feel like a grump.

[Onoff]

2 minutes ago, dangti6 said:

That’s exactly why you should report it.

 

Whilst I was waiting for planning permission last year and had feedback to suggest it was imposing and should be reduced in size, I made a mental note during my evening lockdown walks of every terrible extension that had either been granted or as I found on a couple of occasions, refused but built anyway. I was fully prepared to use the examples.

 

There’s a brook running behind me. The opposite side of that there are 2 properties which have potentially eaten in to the ‘green space’ and moved their boundaries. Doesn’t affect me, but they have had the brass neck to dump what must be a dozen tonnes of soil from levelling the area behind the fence. When I get 5 I will probably raise it as much as it does make me feel like a grump.

 

Is it unadopted / unregistered land?

[Temp]

6 hours ago, Ted_86 said:

My question is, if the building goes un-noticed and someone lives in the building for a period of time, will this allow them to then apply to build permanent houses on the land?  

 

Normally the planners have 4 years to initiate enforcement action. However where the breech involves a change of use (eg agricultural  land to residential) then that increases to 10 years.

 

After those 10 years has passed they cannot make the owner remove the building. But the building doesn't gain Permitted Development rights so its harder to extend or replace with something bigger.

 

If it was a mobile home then the owner effectively gains the right to continue to live in a mobile home on the land. There is no automatic right to replace it with a more permanent building.

[Ferdinand]

1 hour ago, Ted_86 said:

I don't trust my council to not accidentally pass on my details.

 

They say reporting to the enforcement team is confidential, but they still want a name and address.  I can just image an email being sent to the homeowner with my name mentioned somewhere.

 

They will insist on the name perhaps as a way of avoiding vexatious complaints.

 

I think you can trust the enforcement teams more than other areas. Often names slip through on planning comments. OTOH I had a neighbour making vexatious complaints about one of tenants every year - basically using the Council and their "we have an obligation to follow through and visit" as a third party harassment service to victimise a single woman for years. They were resolutely solid in refusing to identify the offender. I found ways to push back, but it was uncomfortable.

 

Fine - a grump is maybe going to look daggers at you in the pub. I don't think that is an atmosphere, it is a twat being a twat.

 

At some stage you have to decide that it is time to do it, and not worry if they may somehow find out.

 

The discreet way is perhaps by phone and say that you are concerned they may find out. Then you may be left off the file.

 

In planning I phone up the Planner early in the process, and point out all the valid planning reasons why it is not acceptable,  which is an attempt to write his report for him before he has read any of the comments and get him to write my comments in his name. Usually works.

 

Stop prevaricating ?. You have been told most of what there is to know.

 

Is it worth it? If so, jfdi. If not, don't. And have a G&T in both cases.

 

F

[ToughButterCup]

15 hours ago, Temp said:

.....

If it was a mobile home then the owner effectively gains the right to continue to live in a mobile home on the land. There is no automatic right to replace it with a more permanent building.

@Temp, could you point me to the relevant legislation please.  Thanks 

[SteamyTea]

18 hours ago, Moonshine said:

 

Did you listen to Alflie Moore this week?

 

https://www.bbc.co.uk/sounds/play/m000vrj4

[SteamyTea]

I have a similar problem.  A Council owned van is parking badly in my road, it obscures the visibility.

Is there any real point reporting it, no.  The Police are not bothered as it is not a moving vehicle, residential street with legal parting on both sides, so that is not a problem as traffic wardens do not patrol this area.

The biggest issue is that is reporting it as a danger, parking restrictions are put in place (this happened where I used to live, the only people that got fined were the local residence).

 

On a more interesting note, the person who illegal built it has probably devalued their own house, and as we know, if you devalue a house you have 'stolen' cash from someone, even if they did not have that cash in the first place.

Personally I think we need a free for all planning system, just charge more for the environmental 'stuff', that will put the majority of people off.

[ProDave]

23 hours ago, joe90 said:

That’s why I said anonymously, and don’t talk about it to anyone, especially down the pub.

And don't mention it on an internet forum......

[Temp]

5 hours ago, ToughButterCup said:

@Temp, could you point me to the relevant legislation please.  Thanks 

 

There is guidance from the government to planning officers here that has links to the legislation..

 

https://www.gov.uk/guidance/ensuring-effective-enforcement#planning-enforcement--overview

 

There will also be a lot of "case law" by way of appeal decisions over the years.