Planning enforcement notice advice

[Adsibob]

You might be about to purchase historic aerial photos, which would probably show it and give you evidence.

[Temp]

Do try Google maps in satellite mode or   https://www.bing.com/maps/aerial

 

I can see my house and an outbuilding we built.

 

[Ferdinand]

I think you have fire hazard problems.

 

Combustible material on the boundary.

 

Do Building Regs also become unenforceable?

 

Also you are tipping rainwater onto your neighbour's property, which is not unenforceable from 4 years. I think it is 10 (?). You can't put a gutter up as it will be over the boundary. So in practice if he knows his stuff and is dedicated he can make you remove it.

 

Were I the neighbour I would want it gone or redone in a fireproof material, and I would lean on you to make it safe.

 

Can you have a chat to the neighbour?

 

F

 

[markc]

I’m going to side with your neighbour … it’s a big ugly unimaginative, box!, if you had an open garden and your neighbour built this, how would you feel?

how about speaking to them to see if you can make some changes to make it look better? Add gutters (will need an agreement because they will be on the neighbours property.

agree you will maintain the shared wall it is sat on etc.

[Ferdinand]

Having taken a sceptical stance, can I suggest that the way ahead may perhaps involve use of coloured corrugated sheet - perhaps box section, which will help address the fire issue.

 

As mentioned above, I think perhaps talk to both neighbour and also the Council.

[Andrew]

Looks to me like a jolly good example of why we have the planning system and building regulations.

[Stones]

@Al1son

 

4 years is the short answer at which point the development is immune from enforcement action. The onus is really on you to evidence that the development has been there for that period, because the development is unauthorised (i.e. no planning / PD)

 

However, just because it is immune from enforcement action doesn't change its status.  It is still unauthorised.  This may be an issue for you in terms of insurance (something an insurance company could use to deny a claim) or if you have debt secured on the property.

 

If the planning Authority do not accept the evidence you produce, they may well proceed to an enforcement notice requiring removal.  You would have a right of appeal which would be dealt with by a reporter.  Just bear in mind that if a notice were served, anyone with an interest in the property, inc your lender (if you have one) will be served with a copy of the notice.

 

Best advice I can give is to engage with the Planning Authority.

[Al1son]

@Temp i cant view old satellite images on google, i can only see the current satellite version or old street view versions

Is there an alternative site you know of?

 

Also shall i provide all the evidence in one go? Or should i ask what evidence they would accept?

 

I was going to state the following in my email...

 

'I have sought advice, the outbuilding has been there in excess of 5 years I am therefore led to believe that enforcement will not apply

 

Please could let me know what evidence you would require'

 

Thoughts would be appreciated

Edited October 26, 2021 by Al1son

[Temp]

I guess you tried this on Google maps..

https://medium.com/@thegeospatialnews/how-to-get-old-satellite-images-on-google-maps-f11b2fad17b4

 

 

[Temp]

This has 2018 photos for my area..

https://www1.getmapping.com/webshop/web/commonpages/main/preview.aspx?srid=27700&x=295040&y=668480&width=500&height=500

[LA3222]

The pictures made me spit my brew out I laughed that hard????.....how big is your fridge and washing machine?

[Adsibob]

On 24/10/2021 at 23:04, Ferdinand said:

I think you have fire hazard problems.

 

Combustible material on the boundary.

 

Do Building Regs also become unenforceable?

 

Also you are tipping rainwater onto your neighbour's property, which is not unenforceable from 4 years. I think it is 10 (?). You can't put a gutter up as it will be over the boundary. So in practice if he knows his stuff and is dedicated he can make you remove it.

 

Were I the neighbour I would want it gone or redone in a fireproof material, and I would lean on you to make it safe.

 

Can you have a chat to the neighbour?

 

F

 

I agree with this. I actually think what you have done is a little bit selfish. ButI say that from the perspective of someone who has gone through a long an arduous path to get planning and built my property on the boundary, like you have, but knew that the only way to do this was to spend £££ on bespoke guttering and a complicated roof design so that the guttering is concealed within the structure of my roof,and it doesn’t overhang my neighbour’s property or the boundary line.

 Perhaps you could speak to your neighbour and ask him what changes he wants to be made so that he can support your retrospective application / not sue you.

[Adsibob]

4 hours ago, Al1son said:

'I have sought advice, the outbuilding has been there in excess of 5 years I am therefore led to believe that enforcement will not apply

 

Please could let me know what evidence you would require'

I would not invite them to list the evidence you want, because you will probably only fall short. Rather, I would provide ALL contemporaneous documents you can gather, by which I mean documents that came into existence more than four years ago which in some way evidence your construction of the thing. I would supply that and say: as you can see from the enclosed copies of documents (don’t provide originals), the building was built in [whatever year you actually built it], which is more than 4 years ago and accordingly the Council has lost any right to take enforcement action.

i would then see what happens. They may back down. If they don’t, at that stage I would start to gather actual witness statements.

[Al1son]

@Temp thanks, will have a look

 

@Adsibob good point, will respond back tomorrow

 

Just to be clear when the outbuilding was put in place we spoke to the neighbour who had no objections. The house sold a few years ago, we met the new owners (landlord) who did not raise any issues with us at all at the time. Looks like now they've changed their mind!

 

 

[Adsibob]

By the way, I checked the building regs compliance:

In terms of building regulation compliance, the reality is that the council have to take action within 12 months of the work being completed, although it is open to them to serve a dangerous structure notice at any time if there is reason to.
 

So if they deem it a fire hazard, they could enforce at any time. At that time, you would have to rectify it. At which point you would reset the 4 year period under planning, so the planning dept could enforce.

 

 But in reality, it is rare for Council BC depts and planning depts to liaise with each other. It can happen, but usually the right hand doesn’t know what the left hand is doing.

 

 So my view remains that the most pressing issue is your neighbour who could help those two depts communicate with each other, or speak to a litigator and work out how to sue you.

[Al1son]

@Adsibob the letter makes no mention about a fire hazard or the use of flammable materials, they've only stated that no planning application has been submitted and that it needs to be taken down.

 

I'll provide the invoice for the roof via email, hopefully this is sufficient enough.

 

 

Edited October 26, 2021 by Al1son

[Al1son]

Update... provided evidence council have accepted that it is now immune from any enforcement action!.

 

They've suggested i apply for a certificate of lawful development. I have no plans to sell the house but thinking it maybe worthwhile getting the cert.

 

Does anyone know what's involved/the process to get the cert? What info does the council require?