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Do I *have* to allow a planning officer access?


harry_angel

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We have a pending S73 app (hopefully the last), which has (now) been built to the previously approved building shape/dimensions etc.

 

Or, in other words, re the exterior there is: "nothing to see here".

 

Of course, internal changes which do not affect the external look of a building do not require PP.

 

Therefore, if the planning officer* inspects the site do I - by law - have to let her see inside it if she requests? It's locked currently. I guess this centres on whether a planning officer HAS to assess simply what is being shown in the drawings, and what they were able to see in their site visit (if they do one at all).

 

*note I am referring here specifically to planning officers, not enforcement officers.

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If they think you may be in breach and you refuse access, they may be able to gain entry with a warrant.

 

I am not sure you are correct when you state that internal changes do not require planning consent.  For example, there may be conditions attached to the consent that the building must be built in accordance with the drawings.  If the changes involved a different activity or, for example, a change in floor levels or window treatment that could impact a neighbour there could be a case.

 

What have you done that concerns you?

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I’d let her in unless you have something to hide, do you? :D 

 

If a habitable room is overlooking, that would be a concern and sometimes they condition window openings. Usually internal changes are fine and I’d imagine she’s just being thorough, but then it depends what you’ve done.

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No it's nothing sinister, approval is already secured we just made some minor changes in the construction process.

 

It's simply that the "upstairs" (there are no stairs, so unless the officer can levitate she'll struggle to get up there) is just a void, non-habitable. 

 

But I do not trust my LPA and do not want them even attempting to use floor area against me...

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While internal changes, not effecting the exterior, do not fall within the planning definition of "development" and as such do not require permission, they would be within their rights to ensure the habitable area of the building is as approved on the plans, even though there would be nothing stopping you converting after occupation, as long as there is no condition that says you must not, and it meets building regs.

 

They may also wish to ensure that any internal changes have not effectively changed the building's Use, by making the building no longer fit for the Use it has planning permission for. More related to agricultural buildings.

 

If they can't make those checks, I would assume they would refuse the S73 on the basis they've not been able to ascertain if you have honoured the approved drawings.

But, if there's no staircase and it doesn't appear there is provision for one, then it can't be a habitable 1st floor. If there is a stair sized opening though, I would be inclined to board it up to a loft hatch sized opening, with no steps available to gain access.

Edited by IanR
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5 hours ago, harry_angel said:

No it's nothing sinister, approval is already secured we just made some minor changes in the construction process.

 

It's simply that the "upstairs" (there are no stairs, so unless the officer can levitate she'll struggle to get up there) is just a void, non-habitable. 

 

But I do not trust my LPA and do not want them even attempting to use floor area against me...

Lol, pushed the dimensions out a bit ? unless you have gone way over or had a complaint I would be suprised if they check... Are the internal walls plasterboarded yet

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20 minutes ago, harry_angel said:

Cheers @IanR aka "The Guru". Will get boarding shortly. There are no stairs, there is nothing up there, a 1st floor appears nowhere on the plans submitted.

 

@redtop nope, internal walls not plastered yet.

So they wont know what size service void you are putting in if they do a quick internal laser measure and ask a question. I would also, if worried stack a load of stuff around as it makes rooms look a lot smaller. Guess it will come down to if someone has complained or not

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  • 1 month later...
On 26/01/2022 at 17:46, harry_angel said:

But I do not trust my LPA and do not want them even attempting to use floor area against me...

that statement sounds suspect sounds like you hiding something 

If you have not increased floor area-then whats the problem ?

If however it is obvious that you are intending to make it habitable --and not on the plan --thats a different story 

bottom line is you let her in or upset her and have problems from here on with every little detail change --she will talk to BC if you make waves

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On 26/01/2022 at 16:04, harry_angel said:

We have a pending S73 app (hopefully the last), which has (now) been built to the previously approved building shape/dimensions etc.

 

Or, in other words, re the exterior there is: "nothing to see here".

 

Of course, internal changes which do not affect the external look of a building do not require PP.

 

Therefore, if the planning officer* inspects the site do I - by law - have to let her see inside it if she requests? It's locked currently. I guess this centres on whether a planning officer HAS to assess simply what is being shown in the drawings, and what they were able to see in their site visit (if they do one at all).

 

*note I am referring here specifically to planning officers, not enforcement officers.

My question is what are you trying to hide? Keep them on side.

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  • 2 weeks later...

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