What do we do now?

[Bingly]

PLease help!

In 2004 my partner erected a loft. At the time he made an application for planning permission. The property was visited by the representatives from the Council and my partner was given an indication that the permission would be granted. So he went ahead and built a loft. Must be mentioned we live in the reservation area. As it turned out after the loft was built that his application was refused. And he was served with enforcement notice in 2006. He and his then wife made a number of requests to allow them not to bring the loft down as they were expecting a baby. So things were kind of left there.

Now in June 2011 my partner receives a letter from Council demanding the loft being taken down by the July 2006!!!! They threaten prosecution and £20,000 fine.

I have a feeling that it is his ex-wife's work, but what can we do?

[boxtops]

I think (but I am no expert) that the loft was built without permission - a verbal indication is no substitute for a written authorisation to proceed. How come he went ahead and did it without waiting for approval, in a conservation area?

[boxtops]

PS - who lives in the house now?

[jackthehat]

Your question is very confusing. Please clarify;
1. What do you mean by 'built a loft' ?
2. Which representatives and from which department ?
3. What do you mean by 'reservation area'..........Conservation area ?
4. What was the final communication from the council in 2006 ?

[The Builder]

Yes, it is hard to understand. Are you sure you mean Planning Permission? It would be more likely to be Building Regulations permission.
PP doesn't usually come into it for a loft conversion ............unless ........... it's a Listed Building, or there are some "outside" works such as a dormer window.
Building Regs would definitely be needed though.

[Bingly]

Sorry my question is not clear. Basically, when saying reservation I actually meant conservation. Currently in the property I live with my partner, his 13 year old child and he has a regular contact with his youngest.

The facts are that the last time the communication from the Council was in 2006 and we havent heard since.

Can they refuse retrospective application for planning?

[boxtops]

Yes, they certainly can, and there are lots of instances where people have had to pull down whole buildings, where the work wasn't approved in advance.

[woofgang]

yes they can and if the offending whatever isn't removed, they can come and remove it...there was a case recently where an blokes mother in law annexe got demolished by the council

[woofgang]

PS apply for retrospective planning and also look at what the objection is and whether you can comply with it without removing the loft space....otherwise i am afraid you are stuffed.

[Bingly]

Here is what the letter dated 16th June 2011 says:

Subject: The erection, without planning permission, of a roof extension on thre land in conservation area.

I am writing to you, in view of you legal interest in the above land. You will be aware that an enforcement notice was issued by the Council.... on 8th December 2004 relating to the above land.
The enforcement notice required the following step to be undertaken by 17th July 2006:- remove the present roof extension and form extension in accordance with with planning permission no.,,,,
Upon review of this file, I note that there is no evidence to confirm either full compliance with the requirements of the notice or a subsequent planning permission approved for this development.
I must advise you that a failure to comply fully with all the above requirements by the date stated would be a criminal offence.

[jackthehat]

<<The enforcement notice required the following step to be undertaken by 17th July 2006:- remove the present roof extension and form extension in accordance with with planning permission no.,,,,>>

So, there was Planning permission, for something, just NOT what he built ?

<<Upon review of this file, I note that there is no evidence to confirm either full compliance with the requirements of the notice or a subsequent planning permission approved for this development.>>
He has never submitted, in the intervening period, a Planning Application to try and keep what he built ?

Local Authorities give 'Conservation Area' status to designated areas for good reasons..........your fella should have sorted all this out *before* he started building.

He'll need to enter into serious negotiations with the council.........or arrange for the removal of the offending structure, I'm afraid.

[jno]

the terms of the "indication" he was given might play a part here. If the planning chief told him "Don't worry, your permit will be in the mail next week", that would be a good reason for going ahead. If someone in the typing pool told him "I think you might be in luck", that wouldn't.

[bushbaby_de]

OK so its not a loft conversion that has to be removed but a whacking great dormer by the sounds of things. So you don't have to stop using the roof conversion but remove the dormer. There is no point applying for retrospective planning permission because a planning officer will have already assessed the works before agreeing to serve the Enforcement Notice. You WILL have to remove the dormer ASAP and keep in contact with the Council to keep them up to date, so they know you are complying and don't book you in for a court session. Perhaps talk to the duty officer to see if there is any other kind or dormer they would allow you to build, if you can't use the loft without one.

[Bingly]

what happens if we simply cannot afford to take it down? they will prosecute and then what? he wont be able to pay? what is the worst case scenario?

[RATTER15]

"Worst case" you could lose your home!!

[jackthehat]

He needs to be proactive and contact the council.
Your financial status is not really their concern.he's had 5 years to put this matter right.
The Council have decided that the construction (still a bit vague) should be removed. There may be a compromise but he'll need to talk to them to find out what it is !

[boxtops]

I suspect if you don't take it down there will be a hefty fine of some sort, it will be cheaper to comply.

[Bingly]

thanks everyone for taking time to answer!

[bushbaby_de]

If you fail to remove it you can be prosecuted and fined. If you still refuse you will be fined again. Then a chap from the Council will come and take it down for you and send you a bill, secured as a charge over your property, meaning that they will get their money back whenever the property is sold. It would be much cheaper to remove it yourself or amend it to comply with any permission that may have been granted - your post is a bit unclear on whether there was a permisison or not.

[woofgang]

not to scare you but this is what can happen
http://news.bbc.co.uk...nd/surrey/8634376.stm