Likelihood Of Enforcement Action ?

[V8RX7]

Council Planning Officer is insisting that I step back my proposed extension by 450mm as per the Council's guideline to prevent a terracing effect etc

However my house cannot be seen from the road nor by the neighbours so there is no terracing effect and it affects no one. I'm tempted to get the consent for the extension but then build it level with the front wall.

Bearing in mind the below paragraphs - what is the chance of enforcement action for this type of breech ?

"National Planning Policy Framework 207. Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.

In deciding whether enforcement action is taken, local planning authorities should, where relevant, have regard to the potential impact on the health, housing needs and welfare of those affected by the proposed action, and those who are affected by a breach of planning control"


Bearing in mind that no one is affected, is it reasonable to expect that no enforcement would be taken ?

I could get this consent then re apply for the Original, then Appeal when it's refused but that would take around 8 months which I haven't got.

[V8RX7]

I know it's a risk but having seen locally a case where a bungalow was built, an Enforcement notice was sent, which was ignored, then no further action was taken, followed by the one on here with the house built under next door's soffit I have to question why should I play by the (stupid) rules.

[V8RX7]

Fittster said:

What would happen when you come to sell?

I think that if there has been no action you could insure against it but in four years it would become lawful.

I'm intending to stay hence the determination not to build something that looks wrong and costs £5k more than to do it right.

[V8RX7]

In my experience Planning Appeals take approx 6 months but Google has come up with this:

Householder appeals - 83% decided within 8 weeks

Can anyone tell me if this is a new process / target ?

[V8RX7]

226bhp said:

If your name is Nazeem then crack on Sir, it won't be a problem.

Now you mention it the gent in my local case was Indian.

A flaw in my cunning plan, I'm English, white, male and not even gay.

[V8RX7]

From what I understand this won't go to committee whether that's good or bad I'm unsure as they can make some unexpected decisions - I believe the Head of Planning and Head of Planning Committee look at the Officer's recommendation and can over rule them.

I wouldn't build without any consent and to get a refusal would put me back at least 8 weeks (I already have builders on site refurbing the house)

I've seen the "Castle" case and that was deliberately hidden, mine is just remote and obscured by mature trees although I admit waiting 4 yrs still isn't ideal.

I'll try Googling to see what they have enforced against locally.

[V8RX7]

It's the usual problem that you can only speak to the junior planners.

They use the guidelines as rules.

They also won't meet you in person because you use your brains and experience and talk common sense which confuses them.

I wrote a letter with my Application explaining that guidelines were for typical streets and my house is far from typical - yet she has come back that for here to support my application I have to set the extension back to meet the guidelines



My Architect suggested I offer to lower the roof line as a compromise but it looks ridiculous, the original design is a complete solution that makes absolute sense.

[V8RX7]

Mandat said:

V8RX7 said:

I know it's a risk but having seen locally a case where a bungalow was built, an Enforcement notice was sent, which was ignored, then no further action was taken, followed by the one on here with the house built under next door's soffit I have to question why should I play by the (stupid) rules.

In that particualr case, it is most likely that that the eaves of the original house were build over the boundary line and are tresspassing over the land where the new extension has been built, which would explain why the extension has been built like it has.

Locally they wouldn't let you build less than 1m between houses, if the other house has extended to his boundary then you can't go within 1m of yours.

Simple rule that works and keeps detached homes, separated.

[V8RX7]

Update - Planning Officer said I hadn't offered to knock enough down - I remeasured and gave him the measurements.

He then asked what size the plan should have been printed at - FFS see the bloody scale !!!

Once printed at A3 (instead of A4) and seeing I had agreed to give 50% more floor area away, combined with me pointing out other non subservient extensions, he's now agreed to support the original design.

However he's had the drawings for 6 weeks and hadn't noticed that the floorplan was less than half the size off the elevations - I wouldn't trust him to stack shelves.