Two approved planning permissions

[kmach]

I'm having a problem with a current extension we're doing as we went further (less than a meter) beyond what's stipulated in the approved plan.  Obviously neighbour complained so council came with a tape measure. The council send a warning letter (not yet an enforcement notice) saying we should alter it in accordance to the plan or submit a retrospective pp.

 

We've already built quite substantially and altering would mean digging up foundation and walls, removing, resizing then refitting metal roof frame which amounts to almost demolishing the entire build. I am very much in despair then suddenly realised that I actually have two approved planning permissions where the plans look identical except for a couple of doors turned to windows (but same opening positions) and Veluxes in the roof.  Both plans (submitted and approved in different years) were approved with the condition that works had to be carried out in complete compliance of the plans and specs however, the first plan doesn't have any measurements in the drawing whereas the second plan which we're currently using, has. Can we revert back to the original approved plans without specific measurements? 

 

I've read a few legal cases online but they refer to commercial development than residential. 

 

Has anyone here has similar experience to ours? Any advise ? 

 

Many thanks.

[PeterW]

The first plans must have had a scale on them somewhere or would have been rejected. 

 

Find the scale and measure the plans - you may be in luck however I would be going after the builder who built it so wrong unless you told him to.....

[Mr Punter]

The retrospective app will prob be cheaper than demolish and rebuild.  Maybe discuss with the council.  Can you lower the roof near to the neighbour?  Who set the building out, and what plan were they using?

[kmach]

3 hours ago, PeterW said:

The first plans must have had a scale on them somewhere or would have been rejected. 

 

Find the scale and measure the plans - you may be in luck however I would be going after the builder who built it so wrong unless you told him to.....

 

 

It says 1:100@A4 but there's also a note in the drawing  which says 'do not scale from drawing' ?

 

Within the plans there are abbreviations, FFL (I found it's finished floor line) then C.L. and I.L.  which I found to be centerline and invert line respectively. I'm guessing the center line (with a value) gives the starting point for measurement? 

[the_r_sole]

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Edited September 26, 2019 by the_r_sole

[kmach]

I might be really just clutching at straws here, I think the most viable solution for us at this stage is a retrospective planning application which would delay the project by 2 months and hopefully doesn't get refused. 

[Temp]

My guess I they would scale off the drawing and see if your building was out by more than could reasonably be justified.

[kmach]

11 hours ago, the_r_sole said:

 

Planning depts used to insist that the do not scale from the drawing was removed before they would validate a planning app but they don't care so much any more - it's unusual to have two live applications for the same project, how has that come around?

You would struggle to justify a significant change in dimensions because of a do not scale from drawing note tbh

We had planning approval for an initial set of drawings but didn't move forward with that as we felt we're not getting enough space for the amount we'll be paying for the build. So a few years later,  while the other plan is still not lapsed, we got another set of plans drawn which isn't different from the initial plan and that was approved as well. 

[jack]

Welcome to BuildHub.

 

If one set of drawings has a scale on it and is largely the same as the other set without, I think you'll find it impossible to argue that the annotated drawings should be ignored.

 

Re: the extension dimensions, I don't suppose what you've actually built would have fallen within permitted development?