Tennisman Posted June 11 Share Posted June 11 Very new to this! Here is my problem, can anyone help please? I submitted a full plans application for a small two storey extension (Larger kitchen with bedroom above) to the rear of my terraced cottage, which was approved in 2021. Work commenced in August 2023. The Building Control surveyor visited and suggested I switched to a Building Notice which I did and paid the appropriate fee. On his second visit he recommended that I change from a sloping tiled roof (which was on the original plans) to a flat roof in order to give me more headroom in the bedroom. which I did. The builder finished the extension in December 2023. I have just received now (June) an enforcement notice from the Planning Department stating that the extension is unauthorised due to it not being built in accordance with the original plans. My options range from providing documentary evidence that planning permission is not required to demolishing the extension, I am really confused and don't really know what to do. I know I need to speak with the Building Surveyor but he is on leave for two weeks and both my wife and I are sick with worry over this. Can anyone offer any advice/help please Link to comment Share on other sites More sharing options...
kandgmitchell Posted June 11 Share Posted June 11 Firstly, was the BCO from the local authority or private? Secondly you say you have an enforcement notice from the planning department. Is it actually a formal legal notice of enforcement action or is it a letter saying they are minded to take enforcement action because it is not in accordance with the approved scheme? Link to comment Share on other sites More sharing options...
Conor Posted June 11 Share Posted June 11 You need to go back to your architect / planning consultant for advice as wholly depends on the wording and stipulations within the letter. Link to comment Share on other sites More sharing options...
bassanclan Posted June 11 Share Posted June 11 Would the flat roof fall under permitted development? Link to comment Share on other sites More sharing options...
Tennisman Posted June 11 Author Share Posted June 11 Thank you kindly for the reply. The BCO is from the local authority. We did not use an Architect or a planning consultant.. The letter says that following an enquiry regarding my planning permission and that following an inspection it appears that the rear extension has not been built in accordance with approved plans, drawings and conditions. It goes on to say that we are required to take action by either: 1. Submit evidence to show that planning permission is not required 2. Submit a retrospective planning application 3. Demolish the extension 4. Make changes so the work is in accordance with planning approval My Builder installed a flat roof after being recommended to do this by the BCO, and as we were operating under a Building Notice we presumed all would be okay Thanks Link to comment Share on other sites More sharing options...
Tennisman Posted June 11 Author Share Posted June 11 Regarding Permitted development, I really have no idea as I am just a layman, it all seems a bit of a minefield and I am just wondering if anyone has had a similar problem and how they coped with it. Thank you Link to comment Share on other sites More sharing options...
Alan Ambrose Posted June 11 Share Posted June 11 (edited) Probably just a paperwork snafu. Send a carefully worded email / letter referring to the one you received explaining just as you've told us. You probably didn't tell them you had reverted to a building notice, and your bco probably won't have told them either. (And your dodgy neighbour won't have known either.) They'll just update their system and send you a 'that's ok then' letter. Enforcements btw are usually kicked off by a dodgy neighbour's complaints as enforcement dept doesn't have time to check everything is built to plan. Don't worry, enforcements take 18m or longer to work their way through the system. Edited June 11 by Alan Ambrose Link to comment Share on other sites More sharing options...
joe90 Posted June 11 Share Posted June 11 2 minutes ago, Alan Ambrose said: Enforcements btw are usually kicked off by a dodgy neighbour's complaints Tell me about it, got the tee shirt 🙄 Link to comment Share on other sites More sharing options...
kandgmitchell Posted June 11 Share Posted June 11 Unfortunately changing to a building notice rather than full plans for building control purposes doesn't remove the obligation to follow the scheme given planning approval. However, there will be a level of embarassment here as one arm of the Council has inadvertently caused you to fall out with another. First of all you need to respond to the letter with a full explanation of why you changed the design and who suggested it. I would copy in the head of building control as well. I would also be tempted to ask your local councillor for help as it seems the Council itself, by it's own officers giving the wrong advice has put you in this situation. Hopefully a sensible solution can be found which could be just rectifying the matter by submitting a revised planning application showing the work as executed and getting that approved. The interest of your councillor in making sure such a sensible approach is recognised by the officers would be very useful. Let us know how you get on. 1 Link to comment Share on other sites More sharing options...
Tennisman Posted June 13 Author Share Posted June 13 Just an update - any advice/comments much appreciated The BCO texted me basically to say that he has spoken with the enforcement officer who is saying that the extension still does not adhere to the original approved plans and that we have to make it right by following one of the four options given in the standard enforcement letter we received. The BCO also says that really he can do no more as Building Control and Planning are separate departments and there is no crossover. I have tried to speak with the Enforcement officer but he is away now until the 24th of June. Grrr! It seems to me that both the BCO and the EO are ignoring the fact that we changed to a building notice from full plans during the build and that we then followed to the letter everything that the BCO recommended and suggested including changing from a sloping tiled roof to a flat roof. I really don't feel that I am fault here, but struggling to find a way forward, any further help/advice would be much appreciated. Thank you. Link to comment Share on other sites More sharing options...
bassanclan Posted June 13 Share Posted June 13 I know you don't want to hear this, but you are 100% at fault. Planning permission has nothing to do with building regs. You could apply for a kitchen extension with a 1m high ceiling, then the building inspector could come along and say the roof should be 2.4m high - that doesn't mean you have planning permission to build it! If you are able to provide drawings of what you submitted and either drawings or photos of what you actually built then we can help Link to comment Share on other sites More sharing options...
Conor Posted June 13 Share Posted June 13 2 hours ago, Tennisman said: It seems to me that both the BCO and the EO are ignoring the fact that we changed to a building notice from full plans during the build and that we then followed to the letter everything that the BCO recommended and suggested including changing from a sloping tiled roof to a flat roof. I really don't feel that I am fault here, but struggling to find a way forward, any further help/advice would be much appreciated. Thank you. As said, BC has nothing to do with planning. Normally, this is how it would work: BCO suggests / requires a change. You go to to your architect and ask them to make the changes to the drawings. Architect updates construction drawings but raises the point that this might require a new planning app At that point you decide what direction to take, assume speak to planning and they request a new application. Tell builder to pause, submit new planning drawings, await decision. Alternatively, you ignore BCO suggestion and proceed as designed. Clearly, a step has been missed. I'm assuming you've either not got an architect or they are not involved in the construction phase? You'll need to re-engage them. All you'll get here is wafflely opinions. The only thing BCO could have done that you can argue they didn't, is advise that any changes made may have impact on planning consent etc. Link to comment Share on other sites More sharing options...
Alan Ambrose Posted June 13 Share Posted June 13 Ever get the feeling that you’re your starring in someone else’s Kafka play? Link to comment Share on other sites More sharing options...
Roundtuit Posted June 14 Share Posted June 14 As above, BC and Planning are two different things, and you have to comply with both. I think your BCO has overstepped his remit somewhat, however well intentioned, and has got himself in the middle of an embarrassment. I'd have a candid conversation with the planning department, and start working out which of the remedies are cheapest... Link to comment Share on other sites More sharing options...
saveasteading Posted June 14 Share Posted June 14 On 11/06/2024 at 14:26, kandgmitchell said: one arm of the Council has inadvertently caused you to fall out with another. yes. although they do not liaise with each other, they usually have a joint boss. Write a factual letter explaining the circumstances to the head of planning, that you thought that bco advice meant that planning would be happy with the changes, and ask what is the best way forward in these circumstances. OR speak to your local councillor, and they may assist. Officers theoretically report to councillors. You will probably get an agreement to submit a minor amendments application. Link to comment Share on other sites More sharing options...
kandgmitchell Posted June 14 Share Posted June 14 3 hours ago, saveasteading said: although they do not liaise with each other, they usually have a joint boss. Oh yes, fully agree, the two departments may even be in different buildings and in effect there is often little interaction. However, the OP is not a professional and from the outside as a member of the public they could be excused in thinking that if one officer suggests something it would be acceptable to all parts of the organisation. It is that approach which is likely to have the best result and although the planners will be unable to ignore the rules it is likely they will be more flexible in how to address this. Again speak to your councillor - that's what they are there for.... Link to comment Share on other sites More sharing options...
Jilly Posted June 14 Share Posted June 14 (edited) Firstly, try not to worry, the scary sounding demolition option is very unlikely, but they have to say it. You are not the first person to get this wrong/ confused. It’s not obvious until you have been through it. Did you get planning permission in the first place or did you start building under Permitted Development(PD). Google the definition of Permitted Development, get your tape measure out and and work out if your extension falls within the ‘permitted’ size. If it’s within the size allowed, you in the clear, but will still need your architect to submit the plans. Same procedure if it’s a bit oversized. If it is a lot over sized you might need a planning consultant (or if you are in a Conservation Area) to help you through. The Enforcement Officer might have given you a feeling of which outcome is most likely? Edited June 14 by Jilly Link to comment Share on other sites More sharing options...
Tennisman Posted June 17 Author Share Posted June 17 Many thanks for all your advice and help, It certainly is a bit of a conundrum to say the least,I'll keep you updated Link to comment Share on other sites More sharing options...
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