Cannot comply with planning permission

[AppleQueen]

Hello Hub!

I would be so grateful of some advice re planning permission. We bought the plot with planning permission so did not design this ourselves.

As a side note - the project was architect designed but she has now retired (and turns out she was actually retired when designing our project but we didn’t know this) so we cannot use her anymore.

1. We are having problems fulfilling a very specific external aesthetic feature of the build. I don’t want to say what as it will be very obvious it’s us to anyone reading. But a similar example would be that in the planning permission designs we have to use a thatched roof but we cannot find anybody to actually do the work. I have asked my planning officer if we can use a different material and referenced local properties using this but the heritage officer has rejected it. What are my options now? This feature is purely for appearance and not structural so can I just not use it and leave a space where it should be indefinitely? Can I move in without it being finished in this way? Is there any argument I can use to appeal?

2. How do you discharge the conditions on the planning report that you cannot prove? Eg we have one that says ‘in the future you cannot build an extension, garage etc without prior permission’? So obviously I cannot prove this because it’s not happened…

Do you have to discharge all the conditions? Or can I just say indefinitely that it’s not finished yet?

Thanks in advance!!

 

 

[DevilDamo]

1. You would need to submit a Variation of Condition application and explain what is being varied and why.

 

2. That specific condition is just a statement. Prior to commencement/demolition/development are usually conditions that require information to be submitted for approval.

[Alan Ambrose]

I wonder whether you could have an informal conversation with the architect. Maybe over dinner. She might be able to recommend the right way forward based on her knowledge of the design, situation and particular LPA. Then it would be up to you to do the legwork. She probably had a build solution in mind for this apparently innovative feature.

[Bonner]

Lots of questions there and difficult to advise without knowing what this feature is. However if you are in England, you can move in before finishing the build and get building control completion without installing a non-structural feature. Planning enforcement may catch up with you sooner or later but could give you time to come up with a solution.

[DevilDamo]

4 hours ago, Bonner said:

and get building control completion without installing a non-structural feature.

What about the rest of the Approved Documents?

[kandgmitchell]

16 hours ago, Alan Ambrose said:

I wonder whether you could have an informal conversation with the architect. Maybe over dinner.

Blimey, no-one ever invited me to dinner to discuss their building projects, some clients didn't even offer a cup of tea when you'd been there a couple of hours measuring up!

[Jilly]

Another approach is to consider: Building Control sign off completion, (but design and planning conditions are not their remit) then council tax is  triggered. After this, as I understand this you can make planning applications. So it won’t stop your progress as such. 
 

Enforcement from the planning dept are the people who could turn up to look, but usually only if a neighbour complains. But you are waiting for materials, so what can they do?

It’s a bit of a game of chess.
 

Can you find your own heritage advisor? Or look at other local planning applications for ideas?

[Pocster]

18 hours ago, AppleQueen said:

Do you have to discharge all the conditions? Or can I just say indefinitely that it’s not finished yet?

I apparently “ had to “ comply with suds .

It was impossible to do . The council just cut ‘n paste the same suds condition to everyone or magically don’t mention it even though it’s mandatory. So I smell a bit of BS ….

We ‘agreed’ it couldn’t be signed off and therefore I didn’t meet that planning condition. Anyway years later build all signed off by bco etc .

Your situation is more tricky with a visible aspect though …. 
It’s that famous game of … knobbing the donkey .

Edited February 27 by Pocster

[Burkle]

i think there are different ways of dealing with your situation in respect of the current permission.... however, it may not be so simple as getting what you want from it. Without seeing the permission or the details of the condition its difficult to say what the chance might be of changing anything through an application. An element of the decision may have come down to opinion, but there will also be planning policies to consider (national, district and potentially local), as well as any other constraints (conservation area? effect on setting of historic buildings?). Turning to an appeal, this again will very much depend on the reasoning for the condition. 

Very difficult to advise without knowing the full details and the context. With regards to conditions, as mentioned previously in this thread they will be worded very specifically to what you need to do - what stage they need discharging by; whether they need discharging or are just informative

There are lots of examples of conditions and such like slipping the net and not being complied with then nobody ever noticing or enforcing. You just have to consider the worst case examples - we often have issues with people trying to sell their property, but their buyers solicitors or lender flag up that conditions are not discharged or permissions are not in place. Alot of the time this means losing sales or applying retrospectively. In your case if the aspect in question is quite obvious then it may not be so easy... also consider you home insurance policies and what terms and conditions suggest in these (there will be something regarding planning and building control permissions)

[JohnMo]

22 hours ago, AppleQueen said:

having problems fulfilling a very specific external aesthetic feature of the build. I don’t want to say what as it will be very obvious it’s us to anyone reading.

 

Get another architect?

Actually describe the issue you may be offered solutions?

You have already posted images of the build, so why the big secret?

 

[Alan Ambrose]

@AppleQueen There are a lot of practical and experienced people here on ‘t ‘ub but it’s tricky for anyone to answer a hypothetical. I guess there are four main options - convince the planners to change their minds, maybe using a consultant / find a way to do what they’ve asked, maybe using an experienced builder or SE / go to appeal citing a nonsense condition that can’t be satisfied / file a new planning application for a different design. You might be able to do all four in parallel if you really want.

 

Which of those is the best route can’t really be determined without more information.

[ETC]

Thatcher: https://en.wikipedia.org/wiki/Joe_Sugg

[Jilly]

54 minutes ago, ETC said:

Thatcher: https://en.wikipedia.org/wiki/Joe_Sugg

I think I’ve missed something 😂