Lawful, permitted development

Discussion in 'Builders' Talk' started by sally green, Jul 13, 2019.

  1. sally green

    sally green Member

    Lawful, permitted development.

    My mum who is elderly was thinking about selling up her house and move into a smaller place, ie a bungalow near me.

    The gardens that back on to mums 20-foot deep garden are about just under three hundred feet long and this is one of the reasons she bought the house a good 30 years ago.

    A couple of weeks back a garden that is slightly offset to hers, ie
    one of the 300-foot garden owners started to build a massive bungalow type building, minus the kitchen.

    I've learnt the following

    The owner applied for planning for a self-contained unit for one of his family that was going to be looking after him. He made 2 applications both rejected. So he went for a permitted development, got lawful consent as long as it was two meters away from the back and side fences but he is only a meter away from the side fence so people reported him and he was told to reduce it to 2.5mters total height, he breached that and was told again, then two days ago he had a flat roof put on and some bricks knocked off to reduced height but I've calculated with the help of my ex the number of bricks used, added mortar thickness and the wood roof joists if that's what you call them the height is at least, very least 2700 and could be as much as 2800 as the centres are raised slightly to allow water to drain

    Has the owner been clever and hoping to get it passed and if rejected apply for retrospective planning which normally goes through. Not just my mum si concerned but many others that live behind and sides of this big build it also has a w/c, basin and shower and they all feel it will be used to rent out - if the council allows this breach to go ahead EG built a lot higher than permitted what are my mums rights and others can do, please?
    One neighbour has a possible buyer back out when they learnt about this build and mum is crying that she won't be able to sell her house or get a lot less.
    Thanks :(

    Btw, from what one of the neigbours said, the owner of the build knows people and will get this build through. I thought how could he if a good 200mm over size>
  2. jonathanc

    jonathanc Screwfix Select

    Stories often run around about people who know people to get planning approved. Simple answer is to inform the planning enforcement team at the council. Ask the neighbours to do same. If he has not complied with planning requirements they will ultimately enforce against him
  3. KIAB

    KIAB Super Member


    As above get everyone to complain to planning inforcment team.
  4. sally green

    sally green Member

    Thanks. People are elderly, all fearful, they have complained hence the initial breach being stopped but he has now built something that is 10 to 14 inches higher than it should be on a single storey build and mum and others are worried he will get away with it as planning enforcement may think he spend thousands now and getting him to take the whole flat roof off may not be reasonable and this was the mans plan I guess. It will also set a precedent for others to make builds and then secretly let them out. All help appreciated. Btw, if the enforcement man at the coucil allows a several inch breach in height, what can we/mum and other do?
  5. ajohn

    ajohn Screwfix Select

    Councils have a complaints department as well. It may be worth passing details to them about the builder taking no notice of the distances from the fences that was mentioned. The rules he is applying are more related to garages etc not places people will live in. I understand no kitchen means no council tax. Mention that the planners are obviously avoiding the rules.

    :) I had a problem council related. Lamp post restricting access making life especially difficult for visitors - I was used to it. I tried to get it moved several times. Eventually found out that a neighbour who held a supervisory position in the council was using friends to block the move. The complaints department sorted it out. When the post was moved she told the people digging the hole that if they didn't stop they would be sacked. All went ahead anyway.

    sally green likes this.
  6. KIAB

    KIAB Super Member

  7. sally green

    sally green Member

    Ok, thank you all. It looks like the council enforcement officers sat on their hands and let this man go ahead and breach the so-called lawful development. The man has been astute and now built something that is 12 to 16% off targe ie breaching rules and will soon apply for retrospective planning if not passed and will get that as I already know that objecting to something like this will fall on deaf ears.

    Even if I, we complain against the enforcement officer, all they are likely to say is they told the man what was legal and what was not and what his options were and he breached those again, we won't pass the build and the builder/man has every right to apply for retrospective planning. We all know what will happen next :(

    My mum will lose not just thousands on her property as will others but also lose a large group of potential buyers because of this as on of the main selling points was that the back of her garden, the views were like she lived behind a park, golf course without the problems of a park :(

    Finally, when this wilful lawbreaker applies for retro plan consent, who will the council contact as we want them to contact people in mum's road that can see this pile of trash that will be used to rent out soon?

    Thanks :(
  8. jonathanc

    jonathanc Screwfix Select

    Really don’t be so negative. Councils will enforce against breaches of planning if they are informed of them. As to who is informed of planning applications ( not generally permitted development unless extended pd which requires neighbour consultation) direct neighbours but any interested party can comment. Watch planning website
  9. Heat

    Heat Screwfix Select

    Get as many neighbours to make complaints. That probably also can include any adult occupants of each house.
  10. Mr Rusty

    Mr Rusty Screwfix Select

    Sorry to be negative, but you can't protect a view, and the 2.5m is measured from the highest ground, so as long as one corner is 2.5, other parts can be higher from the ground level. Also, highly unlikely the council will pursue for a few cm- it will be counted as de minimis. It sounds to me like he has reacted to the councils direction and reduced it to a flat roof within the rules. I would be surprised if you win this one. If he was 2m away he could have gone to a 4m ridge height.
  11. BMC2000

    BMC2000 Active Member

    ... But its 300ft away from the back of your house, what's the big problem?
  12. Diyloser

    Diyloser Active Member

    Does permitted development cover the building of a new house in your garden.

    I thought it was for extending the original house and outbuildings that were not habitable.
  13. Mr Rusty

    Mr Rusty Screwfix Select

    It certainly does not cover a habitable outbuilding, but by building to PD for an outbuilding under 30sqm you avoid both planning and BC. Once something is built it becomes another issue. The problem is council will not pursue initially if within the rules. You have to pick your fights and this sounds to me like one only the lawyers will win out of.

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