Any advise following visit by planning enforcement?

[V8 GMS]

Anyone had any experience of this and can offer advice please:
My neighbours have complained about the height of the extension I'm building, and the visit yesterday confirmed the builders are going about 10cm above what they should have done (from planning permission).

I can come down a bit fairly easily but not necessarily all the way into compliance with taking the roof off!

I can probably convince myself it wouldn't be proportionate for the council to take further action etc... but then they just might...

Keen to seek the path that leads to least disruption and/or added costs?

Thanks in advance.

[Equus]

Is it being built under Permitted Development rights, or have you had Planning Approval (your post suggests the latter)..

Your basic options are:
1) To fully comply, by building in accordance with the approved plans (or PD rights, whichever applies).
2) To seek permission for the 'as built' variation; either by submitting a retrospective Planning application (if being done under PD rights) or an application for a Minor Amendment to the approved plans (if you have a Planning Approval).

The Enforcement Officer will send you a letter setting out his or her views following the visit, however, and confirming your options.

[V8 GMS]

Thanks for the good info.
Yes its being done under planning.

I gather there are implications of applying for a variation, if it isn't approved, that I'd have to take it back to the specified height anyway (having spent more money/time on plans etc).

Can I ask how things doffer for permitted development. I've just done my attic under PD, but with neoghbours apparently on the war path, I'm half expecting another knock on the door to discuss this (but that wasn't considered during yesterday's visit).

Thanks a lot.

[Equus]

V8 GMS said:

I gather there are implications of applying for a variation, if it isn't approved, that I'd have to take it back to the specified height anyway (having spent more money/time on plans etc).

Yes, where you have a Planning Approval the only guaranteed trouble-free way of avoiding enforcement action is by building to the approved plans.

In the first instance, I'd be asking my builder why they've not built to the plans: that's (presumably) what they've contracted to build, so it's their responsibility if they've got it wrong (unless you or your Architect has instructed/agreed with them to vary the design).

V8 GMS said:

Can I ask how things differ for permitted development.

As has been touched upon on another recent thread, to be Permitted Development, you have to comply with the rules for Permitted Development, end of. Local Authorities have no flexibility for interpretation, or for saying 'it's near enough, so we'll allow it'.

If the work you've done is interpreted as not being in compliance with Permitted Development rights, they will ask you to submit a retrospective Planning application. This would (or should) then be determined without prejudice; ie. they shouldn't cut you any slack because the work has already been completed, neither should they hold it against you that you've done something without the necessary permission and have been caught out - they should assess the application as if it had been submitted before the work was undertaken.

The reality is often that they will be more inclined to approve, because it's a whole lot of paperwork and hassle for them if they refuse and have to enforce.

[boyse7en]

Two questions spring to mind...
1) Why are you building it 10cm higher than the plans you submitted?
2) What is it that the neighbors have spotted that irks them? 10cm extra height is pretty difficult to spot in isolation, so does the extra height impinge on their property/view/privacy in some way?

[V8 GMS]

Thanks both - much appreciated.

Its currently only 5cm over the plans because builder used 6" insulation (rather than the 4") before the riof went on. However I know I need an edge of coping stones (or similar) along the leading edge, which was never drawn on plans - so there's a bit more to add.

I think the neighbours who are retired (and stay at home most days) and have lived there quietly for 25 years, have been worn down over time by the noise from the builders. I've made loads of effort to keep them onside, but unfortunately I think they're at their wits end which has led to thier current behaviour - I wait to see what else they've complained about (probably keeping a diary of when my kids are making noise playing!).