PXR5 Posted November 26, 2023 Share Posted November 26, 2023 Re; fixing the PP within the 3 year period. Having been granted PP but before receiving all the paper work & written permission some one reported me for starting work with out the full PP. I had actually started work on building a retaining wall & whilst doing so I had a phone call from the Building Control telling me I don't have PP until I have all the paper work in hand. They were quite good about It & just said to stop work which is what I did. So my question is, have they confirmed the project is started & can I rely on their email which they sent to confirm our phone conversation. I really don't want to do thing else or spend any money at this time, I just want to put the whole thing on ice. Thanks for any comments! Ps, I had to do section of the retaining wall (50%) due to some movement of the land - as set out in the plans for the build. Link to comment Share on other sites More sharing options...
nod Posted November 26, 2023 Share Posted November 26, 2023 I’m not sure where you are Bit of a failing on this site But in England you will be issued with a commencement notice from planning Be careful not to breach your cil agreement If applicable Link to comment Share on other sites More sharing options...
PXR5 Posted November 27, 2023 Author Share Posted November 27, 2023 Uk, Yeah CIL is safe, but no commencement notice.. Link to comment Share on other sites More sharing options...
Temp Posted November 27, 2023 Share Posted November 27, 2023 I would ask the planners what you need to do for them to agree you have started. The law just refers to "development" but in many cases they want. 1 ) All planning conditions that say "before work starts" or similar to get formally discharged. Otherwise your start isn't legal. 2 ) BCO to have given approval to start (not necessarily plans spproval). 3) Foundations dug, inspected by the BCO and poured. If you want to do something else that might be considered development to avoid the 3 year limit expiring it is possible to apply for a Certificate of lawfulness on the grounds that work has started. For example I've seen a wind farm do this with just an entrance and the first 50m or so of road. Such a Certificate is really the only 100% guarantee you've started. 1 Link to comment Share on other sites More sharing options...
DevilDamo Posted November 27, 2023 Share Posted November 27, 2023 Building Control do not get involved in Planning so assume you meant you had a call from Planning telling you to stop works? The retaining wall needs/needed Planning. Was that drawn/detailed/mentioned on the Planning approval? The LPA wouldn’t tell you to stop works on something you have received approval for. Are there any pre-commencement/development conditions? Link to comment Share on other sites More sharing options...
Alan Ambrose Posted November 27, 2023 Share Posted November 27, 2023 >>> some one reported me for starting work with out the full PP. There's always that 'someone' around every plot (: The LPA actually rely on them to police the planning rules. Link to comment Share on other sites More sharing options...
PXR5 Posted November 27, 2023 Author Share Posted November 27, 2023 I had Building Control call me, not the planners. Ive had neighbors inform B'C' 3 time before ( all unfounded) & after site visits, we know each other now, The B'C officer told me to stop my work. He was really good about it, having been messed about by the false issues raised by neighbors he was sympathetic to my situation. The retaining wall was specified in the plans, I had to crack on due to some movement & had to act. Pre-con's, I have to build a small section of stone wall for inspection. Thanks. Link to comment Share on other sites More sharing options...
Alan Ambrose Posted November 27, 2023 Share Posted November 27, 2023 In these obvious cases, it's seems odd that the LPA don't allow themselves a bit more discretion - they seem to in lots of other areas Does anyone know - is this 'enforcement' action in the planning laws somewhere or is it just accustomed LPA practice. Link to comment Share on other sites More sharing options...
Mr Punter Posted November 27, 2023 Share Posted November 27, 2023 You do not normally require Building Regulations approval for a retaining wall unless it is supporting foundations or a structure or it is near a road or footpath. Link to comment Share on other sites More sharing options...
DevilDamo Posted November 27, 2023 Share Posted November 27, 2023 I’m in agreement with @Mr Punter. Why does your retaining wall require Building Regulations, which has then resulted in Building Control telling you to stop works? Link to comment Share on other sites More sharing options...
PXR5 Posted November 27, 2023 Author Share Posted November 27, 2023 Don't forget, I have a person or people trying to give me grief over what I'm doing, one of these people is the head of the Parish Council, I suspect it was he who informed the BC, after all to most people I had PP & it was only a rubber stamping issue. People can not see what I'm doing very easily, the site of jumbo bags of aggregates etc parked on my trailer out side on the road gave the impression of foundations being poured? Link to comment Share on other sites More sharing options...
DevilDamo Posted November 27, 2023 Share Posted November 27, 2023 (edited) 27 minutes ago, PXR5 said: informed the BC, after all to most people I had PP You do realise BC and Planning are completely different? Sorry, but your posts just don’t make logical sense atm. Can’t understand why BC are getting involved for something that may not require BR’s. Edited November 27, 2023 by DevilDamo Link to comment Share on other sites More sharing options...
PXR5 Posted November 27, 2023 Author Share Posted November 27, 2023 I do realize BC and Planning are different, whether it makes sense or not I don't know, all I'm doing is saying whats happened. After the call from BC I had a email from them to reiterate what was said. Link to comment Share on other sites More sharing options...
joe90 Posted November 27, 2023 Share Posted November 27, 2023 I too had a neighbour that reported me fir starting without planning, in fact i was doing other work on site not covered by planning, I got to know the enforcement officer quite well (he knew about the neighbours beef) so before I did anything I would ring him and tell him what I was doing that day so when the neighbour rang him he would back me up . 1 Link to comment Share on other sites More sharing options...
DevilDamo Posted November 28, 2023 Share Posted November 28, 2023 The difference with yours @joe90 is you were having to deal with Planning whereas the OP is having to deal with Building Control. Link to comment Share on other sites More sharing options...
joe90 Posted November 28, 2023 Share Posted November 28, 2023 21 minutes ago, DevilDamo said: The difference with yours @joe90 is you were having to deal with Planning whereas the OP is having to deal with Building Control. However, with mine BC were involved because of a disputed start date which BC stated (wrongly) I was in the process of proving them wrong (dated photos) but I won my appeal before it came to anything. Link to comment Share on other sites More sharing options...
kandgmitchell Posted November 28, 2023 Share Posted November 28, 2023 I'm still confused as to the involvement of Building Control. The Building Regulations refer to the noun i.e buildings rather than the verb "to build". Regulation 2 defines a building and excludes " any other structure or erection" so if this is a free standing retaining wall that's not part of a building then BC have no formal interest at all (although I know of at least one local authority that uses BC as foot soldiers for their planners - it avoids those in ivory towers getting their feet wet). Link to comment Share on other sites More sharing options...
Temp Posted November 28, 2023 Share Posted November 28, 2023 My guess is someone called building control and said you have started building the house or left it ambiguous what you are doing. The BCO looked up the address and gave you a call because he hadn't got any info on the site. I would write him a letter or email thanking him for the call about you site (address) and to clear up any misunderstanding. Tell him you are currently only doing site preparation work, and that you will of course be applying for Building Control Approval before starting work on the house (just as soon as you have the information he will need ready). Apologise if any of the neighbours have been causing mischief. Its good to keep on the right side of the BCO as they can sometimes bend the rules for you to get you out of a bind. They can also make you jump through hoops if you annoy them. Link to comment Share on other sites More sharing options...
Mr Punter Posted November 28, 2023 Share Posted November 28, 2023 I think it would be helpful if @PXR5 posted the anonymised text of the email from BC so it is clear what they have requested and why. 2 Link to comment Share on other sites More sharing options...
PXR5 Posted November 28, 2023 Author Share Posted November 28, 2023 (edited) Planning enforcement case reference: ########### I am writing to you from the planning enforcement team of Stratford on Avon District Council in relation to the above enforcement case. As per out phone conversation. It has been brought to our attention that works are taking place on the above property prior to the approval of planning permission, application reference; ########. Please be advised, enforcement action may not be taking while a planning application is under consideration, however, if works were to continue, you would be carrying this work out at your own risk, if planning permission is not granted then enforcement action will be taken and all works that have taken place must be regressed, and the land must be returned to it’s original state. I understand that you are conducting the works in the belief that planning permission has been granted. I can tell you that an official decision is yet to be made and a decision letter of approval/refusal has not been issued. Until a decision letter is served then planning permission is not considered to have been granted. Thank you for your understanding. Kind regards -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I had explained when he called me that I was not digging trenches, pouring concrete etc!!! i did write back to give a clearer picture of thing & also to say I fully intend to follow all rules in relation to this development etc etc... Edited November 28, 2023 by PXR5 Link to comment Share on other sites More sharing options...
DevilDamo Posted November 28, 2023 Share Posted November 28, 2023 29 minutes ago, PXR5 said: Planning enforcement case reference: ########### I am writing to you from the planning enforcement team of Stratford on Avon District Council in relation to the above enforcement case. As per out phone conversation. It has been brought to our attention that works are taking place on the above property prior to the approval of planning permission, application reference; ########. Please be advised, enforcement action may not be taking while a planning application is under consideration, however, if works were to continue, you would be carrying this work out at your own risk, if planning permission is not granted then enforcement action will be taken and all works that have taken place must be regressed, and the land must be returned to it’s original state. I understand that you are conducting the works in the belief that planning permission has been granted. I can tell you that an official decision is yet to be made and a decision letter of approval/refusal has not been issued. Until a decision letter is served then planning permission is not considered to have been granted. Thank you for your understanding. Kind regards -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I had explained when he called me that I was not digging trenches, pouring concrete etc!!! i did write back to give a clearer picture of thing & also to say I fully intend to follow all rules in relation to this development etc etc... So it’s Planning… not Building Control 🙄 1 Link to comment Share on other sites More sharing options...
kandgmitchell Posted November 28, 2023 Share Posted November 28, 2023 So after all that not building control then. Planning enforcement instead. Obviously reacting to neighbours' compliants that work is underway. If the retaining wall is of sufficient scale to be "engineering works" then it requires planning permission. If it is shown on your planning application then what is said in the letter is fair. You are starting at your own risk. If that piece of paper doesn't materialise or turns up as a refusal after all (never trust verbal assurances of approval) then what is currently an informal warning could become something more unpleasant. Personally I'd respond to enforcement explaining you having to do some work to stabilise the ground but you will now wait until formal approval arrives. Always best to engage if only to delay action from the other side! 1 Link to comment Share on other sites More sharing options...
DevilDamo Posted November 28, 2023 Share Posted November 28, 2023 @kandgmitchell And no matter how many times we told the OP it sounds like Planning, not Building Control… they then paste the contents of the email/letter that does not mention BC once. Gees, this was painful. Link to comment Share on other sites More sharing options...
kandgmitchell Posted November 28, 2023 Share Posted November 28, 2023 Not half!! Link to comment Share on other sites More sharing options...
PXR5 Posted November 28, 2023 Author Share Posted November 28, 2023 My original point was about fixing the PP, you lot pulled it away from that & kept banging on about planners or BC, it happened quite a while ago & Ive had to fish through lots of emails to get to the details. In the mean time Ive had people next door report me to the police & had 3 visits, & 2 calls from them, . health issues & dealing with a parent that has dementia, so Im a little distracted at the moment!!!!!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
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