Failure to comply with Planning Conditions.

[FarmerN]

I’ve just been checking through the twelve planning conditions that came with the original planning permission.

We have clearly failed to comply with two of them, though the rest are fine.

Any advice on the best way forward now. We have no intention to sell in the next ten years , but you never know what the future will bring.

 

1.                          A six foot wooden lap board fence has been built without prior approval. We should have had written approval from the Local Planning Authority for the boundary fence.

 

2.                       The protective fencing erected at the start of the project to protect trees, hedging and their roots has been removed , again we should have had LPA written permission before fence was removed. ( Heras fencing )

 

We are at the end of our Build and living in the house, though not yet got all the final documentation off our builder. I don't blame the builder, think this is down to me.

 

For a variety of reasons we hardly used the architect after the foundations went in, though never fell out with them. Now regretting this and wish we had kept him on board.

Edited February 25 by jack
Fixed formatting issue

[LnP]

7 minutes ago, FarmerN said:

 

For a variety of reasons we hardly used the architect after the foundations went in, though never fell out with them. Now regretting this and wish we had kept him on board.

Why so?

[Conor]

Have you received an enforcement notification for these issues? Cant comment on the new fence without seeing where it is on a plan. For the removal of the heras fencing, has there bene damage done to tress/hedging? If not, then not an issue.

[Nickfromwales]

10 minutes ago, FarmerN said:

 

I’ve just been checking through the twelve planning conditions that came with the original planning permission.

We have clearly failed to comply with two of them, though the rest are fine.

Any advice on the best way forward now. We have no intention to sell in the next ten years , but you never know what the future will bring

 

1.                          A six foot wooden lap board fence has been built without prior approval. We should have had written approval from the Local Planning Authority for the boundary fence.

2.                       The protective fencing erected at the start of the project to protect trees, hedging and their roots has been removed , again we should have had LPA written permission before fence was removed. ( Heras fencing )

We are at the end of our Build and living in the house, though not yet got all the final documentation off our builder. I don't blame the builder, think this is down to me.

For a variety of reasons we hardly used the architect after the foundations went in, though never fell out with them. Now regretting this and wish we had kept him on board.

Just make a retrospective planning application for the fence, doesn’t sound like anyones going to die from this! And for the trees and protection, that’s the biggest hairsplitting I’ve ever heard of, just ask if that can be dismissed from their concerns and show some pics of the trees still alive and healthy.

[Nickfromwales]

UK planners can be such tossers.

[markc]

I can’t see a couple of fence misdemeanours being any problem, building a house too high, wrong place, wrong aesthetics etc. then yes, but a few years down the line, is anyone likely to complain about a fence?

[Alan Ambrose]

+1 I think I would just keep quiet about it unless enforcement bring it up. Ask forgiveness etc.

[Bramco]

We applied to have some removed before we finished the build - box ticking exercise.

 

We still haven't put up the bird and bat boxes or put the fence between us and the neighbour and we've been in here for nearly 3 years.....

 

I don't think they'll ask for proof that you've complied, so they'll just stand as conditions.  And as for asking permission/telling them you're removed the fence - I think they'd be shocked if you contacted them.  All LPAs are massively overworked and checking on permissions is the last thing on their minds.

 

As for the architect, glad we kept ours on - but then he's our son, so it might have been hard to sack him off!!

 

[FarmerN]

 The Planner at the time just did not want us to build so slapped on as many conditions as possible, nest boxes, bat boxes, specified materials, EV charge point, etc.

No enforcement notice , yet. Fence replaces old fence and is shown on plan , but should have had permission for materials and design!

I don’t think we have damaged trees or hedges, time will tell.

 

[Blooda]

The planning department are now only interested in getting your council tax.  

[Temp]

If the fence isn't likely to be refused (eg its the same as neighbours and its not 6ft where it fronts the highway) then I think I would just apply to have the conditions discharged as that's cheap. There is always a small chance they will want a different fence or changes but you will have to take that risk if you really want the paperwork wrapped up. Otherwise I'd just leave sleeping dogs lie. 

 

If you want it discharged I would write something like..

 

Re: Planning Reference Number aaaaa 

 

I am writing to request planning conditions number x and y be discharged.

 

x) We are proposing a six foot wooden lap board fence similar/identical to that used on neighbouring properties. Attach photo of neighbouring fence.

 

y) As all construction work has been completed we request permission to remove the tree protection measures required by planning condition z

 

Make sure to include/pay the fee (I think one fee still covers multiple conditions discharged at the same time but check).

 

If they bother to send someone out apologise and say the builder got ahead of things or say you sent it last year and didn't notice they hadn't replied.

Edited February 24 by Temp

[Nickfromwales]

4 hours ago, FarmerN said:

The Planner at the time just did not want us to build so slapped on as many conditions as possible, nest boxes, bat boxes, specified materials, EV charge point, etc.

 

4 hours ago, Nickfromwales said:

UK planners can be such tossers.

Some get an upgrade to “w4nkers”. 

[FarmerN]

Would having planning conditions that have not been discharged be an issue if we did have to sell the house. Much more likely a future  problem  for my children than me.

Thanks for all the replies so far.  

[Bramco]

Not sure mate but we're leaving it to our kids.....

 

I know solicitors have made up all sorts of checks to up their fees on conveyancing but do they check on planning permission conditions?   Does anyone here know?

 

In any case, you can take out insurance against any sort of issue - so that would be an option.

[ProDave]

Do "conditions" time out?

 

As in you build something without planning and if nobody notices after a certain number of years you are immune from enforcement.

 

So if you "forgot" to do something that was a condition of planning, would the requirement to do that time out x years after completion?

 

asking for a friend.

[saveasteading]

Tell your friend that it may be a big deal ...or not.

A condition can apply prior to, during or post construction. All are conditions, so all must be complied with or it does not have approval. This may raise itself when another application is made, to the same property or nearby. It would also arise during the enquiries stage of a sale.

 

If the issue is so minor that nobody cares, or circumstances / fashions  have changed, then he can make that case.

 

[DevilDamo]

Technically, your Planning approval is invalid and you should liaise with the LPA in order to find the best way forward.

[Nickfromwales]

43 minutes ago, DevilDamo said:

Technically, your Planning approval is invalid and you should liaise with the LPA in order to find the best way forward.

Good to hear a sobering voice of reason.

 

A bit like me getting walked to a smashed greenhouse as a kid, by my dad, and being told I'm going to apologise; also that I'm paying for the damage (after throwing said stone and thinking I got away with it)....

 

Seemingly bigger consequences here, so best to pay attention and give this the attention it deserves, perhaps.

[FarmerN]

Don't actually 'Like' last three answers but yes I think perhaps I need to get conditions applied with somehow.

Thanks.

[Bramco]

12 hours ago, Bramco said:

Not sure mate but we're leaving it to our kids.....

 

8 hours ago, DevilDamo said:

Technically, your Planning approval is invalid and you should liaise with the LPA in order to find the best way forward.

 

Damn - better get those bat and bird boxes up.....

 

Here's a good overview - https://www.planningdirect.co.uk/planningappeals/affordable-planning-applications/planning-conditions

 

[ProDave]

If the condition was "plant a native hedge" but it then died.....  There was no mention of maintaining the hedge.

[saveasteading]

2 minutes ago, ProDave said:

plant a native hedge" but it then died.....  

I look forward to reading the progress of this argument. Photos of the hedge planted? Every plant died?  Was it all dug up again?

 

Perhaps the planners need to stipulate 'plant a living hedge, look after it, replace any deceased plants, and do this for 5 years after occupation, after which apply to get the permission signed off.

 

Presumably the condition was acceptable at the time.

 

Plant a hedge and I'd be interested in a blog about it.

[FarmerN]

13 minutes ago, saveasteading said:

 

 

Perhaps the planners need to stipulate 'plant a living hedge, look after it, replace any deceased plants, and do this for 5 years after occupation, after which apply to get the permission signed off.

 

 

Thats basically what mine said, plant, replace dead plants, suitable care etc.

Fence on the other side of site.

 

[Tosh]

What was the condition for the fence i.e. did they just want to know the details e.g. scale drawing with materials etc? They must of had a reason for this. Were your approved planning drawings lacking in detail and they want to mitigate concerns from neighbour? If you just want to sleep easy then just put in your application to discharge the remaining conditions. Just put in your application the details of what you've installed but without indicating you've actually installed them. If it makes you feel any better I'd purchased our windows/doors, cladding all before discharging the condition of prior approval. Risky - yes but then I didn't deviate away from what was on the outline planning drawings i.e. colour, design, shape etc. The only value add from the planning drawings were the window/door/cladding section details. They never contacted me or asked for physical material samples. From the LPA's perspective another £75 = cheers easy.

[Bramco]

1 hour ago, FarmerN said:

Thats basically what mine said, plant, replace dead plants, suitable care etc.

That's what our hedge condition said - and do it for 5 years.  So we're about half way there......    We have planted 9 trees from the local tree list, so maybe we could ask for the hedge to be removed on the basis of the tree planting....

 

We also had one about having to agree on a security lighting plan again to mitigate issues with wildlife - that was an easy one, we simply got it removed by telling them we didn't intend to install any security lighting....   worked a treat - although as @Tosh said it did cost....