Can a Planning Officer enter your property?

[Nosha123]

Question for you experts out there...
Can a planning officer from a local authority simply walk into your back garden without your permission or knowledge to inspect the rear of your house?
We were not in - but a friend saw the man leaving our property (we have no side gate - so he walked round the side of the house and into our rear garden) and challenged him as to why he was there.
Just wondered if they can do that - or whether they have to then contact you if you are out and request to visit when the owner is in.
Thanks all

[jackthehat]

As far as I am aware, they usually contact the Applicant (or Agent) before making a Site Visit.
Have you submitted an application?
Would you have preferred to have your decision delayed until such time as he was able to find you at home and carry out his brief inspection?
As he didn't have to open any gates, or worry about dogs loose in the garden, it appears that he made good use of his available time.
If you want to discuss anything with him that you feel you would have liked to mention at the time of a mutually convenient visit, give him a ring.

[dickythecook]

Why would the planning officer have reason to be calling at the address in the first place? Is there perhaps a building anomaly?

[Nosha123]

I would have preferred him to leave a calling card (as he did anyway) and then arrange for a mutually convenient time for my husband to be there when he visits. But he knocked, got no answer and then just walked round the back of the house and down to our Summerhouse too at the bottom of the garden.
He is quite rude on the phone and doesnt allow you to even say your piece - wasnt interested in what we had to say at all really...
and yes its to do with an anomoly - that we will deal with under an amendment to the current permissions we have

[hc4361]

Planning officers may enter premises on 24 hours notice for a number of planning reasons. They cannot force entry but it is a criminal offence to obstruct their entry.

http://www.yours.co.u...-/?answer-text-page=1

In your instance he didn't force entry.

[craft1948]

Not in Yorkshire are you Nosha................the brother's a planning officer :-(

[jackthehat]

Please be aware that 'amendments' are now more difficult to get passed.

If your new requirements differ 'substantially' from the agreed development, it is often necessary to submit a whole new application.

[EDDIE51]

This guy sounds like a miserable g*t I would not want to upset him by making a thing out of him enterting your garden to look at the house. He is probably able to do it anyway. get on the wrong side of him and he is likedly to simply bin your application .

[rowanwitch]

If there is no gate or other obstruction you are sort of allowing access anyway,,, fit a lockable side gate

[Nosha123]

He didnt force entry no.. and if it werent for a friend we wouldnt have known he'd been there at all actually.
Dont live in Yorkshire Craft no... so you're safe! Your brother wasnt the rude planning officer!
My husband was quite 'het' up last night - but i reasoned with him and said.. lets just stay as nice as possible and do what he wants to make him go away.. the more we upset him the more trouble we are causing for ourselves!!!!
The planning officers round our way do like to exert their authority and get quite *** with people - almost as if they have a personal problem with people living in nicer houses than them!

[jackthehat]

But he left a calling card, so that would have shown you he had visited.

Whether he is grumpy with you, or not, he still has to judge your application based on the Regulations laid down and providing your proposals do not contravene any of them, he will have to grant your application.

[LoftyLottie]

Actually Nosha, I have been aggrieved by the same behaviour by a council countryside officer who walked right past me in my garden without acknowledging me to talk to the tree fellers at the bottom of the garden!!
And yes, I would be annoyed if someone entered my property even without force without me being there or at least giving permission for them to enter when I wasn't there.

I challenged someone with a clipboard who was next door walking around their property and taking notes and photos. He was an Estate Agent and was at the wrong house!!

[LoftyLottie]

And yes the tree fellers were there with the full knowledge of the Planning officer and countryside officer and they had permission to fell. A neighbour had complained that we were taking down trees without permission!

[Nosha123]

They do like their power kicks dont they Lofty...
I wrote a 'letter of support' for a neighbour a bit further down the road who was attending the final appeal hearing regarding their outbuildings. And I think they are now picking on the people who supported them... I perhaps raised my head to high above the parapet!!!
They officer had no other reason to be at our house that I can think of - we are being regulate by NHBC so no-one from the council even needs to get involved... but the timings of our letter and this appearance are slightly suspicious!

[jackthehat]

Have you got an application currently under consideration?

Or have you recently completed building works?

He may have been carrying out a 'follow-up' visit to ensure that everything which has been built conforms to the Consent. He may have had a 'phonecall from a concerned neighbour and been visiting based on that.

[Nosha123]

Yes JTH.. we have almost completed a build... but not quite....
so yes he may be following up and it may be a call from a neighbour (I wouldnt put it past some of them).. but this build has been going on for over 3 years now... so it struck me as odd that he hasnt visited at any time during that period (that we know of) and he appears within 4 weeks of me writing a letter of support for a neighbour who was on the verge of being victimised by the planning dept. They were really quite viscious... another neighbour said to keep any letter I write as vague as possible... as it wouldnt surprise him if they then turned attentions to people who supported the neighbour!!!!

[LoftyLottie]

I still think though Jack that at the very least, unless there is urgency, it would be polite to agree a time with the owner of the property before they enter their premises. A quick phone call is all it would take or a note through the letter box. I find it remiss to just come into the garden and walk around. Who knows what they might find!!! ;o).

[EDDIE51]

He may have visited many times without you being aware. Just a chance that someone saw him this time.

[Nosha123]

yes true.. but for 2 of the 3 years there were men working on site.. so think it would be difficult!
I just dont bloody trust them as far as I could throw them!!!

[jackthehat]

Most Planning Departments are 'under the cosh' in terms of decisions and visits; when they are in the Office, they really need to be doing site visits....and when they are out on site, they can't be in the office typing up reports and determining decisions.......

Good Officers use their time wisely and he may have been out and about in your area and decided to pop round on the off-chance that someone would be in, to have a look 'for whatever reason'.

The urban-myth that supporting a contentious decision will place you in conflict with the Planners, really has no basis in reality.
I'd never get any of my applications passed, if that were the case! :o)

[Nosha123]

ha ha Lofty.. I did think maybe I would call him and say that I saw him walking around my garden whilst standing naked in my shower!!!
It is rude though!!!
I mean.. I could have been sunbathing or gardening in the nude!!!! Then to see a strange man come round!!!
(actually that has happened before.... a bloody salesman.... walked right down the garden... being nosey.. then bumped into me sunbathing in a bikini!!!!) I was NOT best pleased and ordered him away pronto!!!!