Developer building higher than stated in plans?
Developer building higher than stated in plans?
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GroundZero

Original Poster:

2,085 posts

83 months

Saturday 21st November 2020
quotequote all
Not far from me there is to be a new development and I have a long time friend who's house is next to the site.
Planning approval was given with various conditions and the plans submitted to planning board all had stated heights on them etc. (Which apparently there were a number of objections submitted at the time).

In a recent conversation with him, he has a fear that the builders/developers may try to build higher than what was submitted to the planning board, in order to gain a better view over some nearby rise of land (raising the new build values). In doing so completely eroding his own property's only view of the surrounding landscape that he has.

What would be the best way to go about preventing this if it were to happen? He seems to have heard rumour that this is exactly what they will attempt to do (from somebody who knows one of the builders apparently).

My own knowledge of planning law is near to non-existent so told him I'd ask on this forum and see if there was anything I could pick up..

Bobtherallyfan

1,513 posts

107 months

Saturday 21st November 2020
quotequote all
GroundZero said:
Not far from me there is to be a new development and I have a long time friend who's house is next to the site.
Planning approval was given with various conditions and the plans submitted to planning board all had stated heights on them etc. (Which apparently there were a number of objections submitted at the time).

In a recent conversation with him, he has a fear that the builders/developers may try to build higher than what was submitted to the planning board, in order to gain a better view over some nearby rise of land (raising the new build values). In doing so completely eroding his own property's only view of the surrounding landscape that he has.

What would be the best way to go about preventing this if it were to happen? He seems to have heard rumour that this is exactly what they will attempt to do (from somebody who knows one of the builders apparently).

My own knowledge of planning law is near to non-existent so told him I'd ask on this forum and see if there was anything I could pick up..
Raise your concerns with the local planning enforcement officer but there isn’t much they can do until a planning breach has been made. Check the planning drawings which will be on the planning application and notify planning immediately if they vary in any way. Good luck.

Hub

7,130 posts

227 months

Saturday 21st November 2020
quotequote all
Bobtherallyfan said:
there isn’t much they can do until a planning breach has been made.
This - you can't speculate on what might happen, just have to keep an eye on it and report it if it isn't being built in accordance with the plans.

Chrisgr31

14,275 posts

284 months

Sunday 22nd November 2020
quotequote all
There was a case on this recently which made the national press. A property in Stoke on Trent that was built 75cm too tall. https://www.stokesentinel.co.uk/news/stoke-on-tren...

It appears that whilst the local authority pursued the case with vigour ultimately planning consent was granted on appeal.

anonymous-user

83 months

Sunday 22nd November 2020
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Yes, but in more cases than not the authority will stop the building in its tracks or will compel the extra height to be removed.

GroundZero

Original Poster:

2,085 posts

83 months

Sunday 22nd November 2020
quotequote all
So its a case of closely monitoring the build and if they start laying bricks or roofing that is higher than the heights submitted to planning approval then that is when he should be getting on to the local planning board to raise a breach notification?

I did tell him to go out and buy one of those laser distance/height measuring devices. I guess he can put one of those to good use here.


anonymous-user

83 months

Sunday 22nd November 2020
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Think about it: how else can the LA do anything? They cannot act on hunches. Maybe your friend should try being less paranoid. This is a bit like all those "OMG I think I got caught doing 50.000000000000001 MPH in a 50 - Now I cannot sleep. I have a clean license [sic]. Will I go to jail????" threads.

megaphone

11,653 posts

280 months

Sunday 22nd November 2020
quotequote all
I have similar issue on an extension near my GF's house. When I say extension, they have more or less demolished the old house. I have measured the extension height and it is 640mm higher than on the drawings. It has been reported to planning, so far it is still going ahead.

I don't normally give a toss, but this extension is on a corner plot, right up to the boundary, it is adjacent to a small access road so will make it into an alley. Not sure how it ever got planning.

GroundZero

Original Poster:

2,085 posts

83 months

Sunday 22nd November 2020
quotequote all
Breadvan72 said:
Think about it: how else can the LA do anything? They cannot act on hunches. Maybe your friend should try being less paranoid. This is a bit like all those "OMG I think I got caught doing 50.000000000000001 MPH in a 50 - Now I cannot sleep. I have a clean license [sic]. Will I go to jail????" threads.
True.
Although my posts on here were more of a case of informing him in advance of steps he is able to take and when he should do them.
I guess more a case of good planning than paranoia.
Any way, I'm sure he'll be please with replies so far that local planning will likely act against infringements on heights if they are alerted to the fact as soon as it takes place.

I know you are one of PH's legal eagles BV, so your input is very much appreciated.

anonymous-user

83 months

Sunday 22nd November 2020
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Ha! I never know what one of those is. I am a very MOR non shiny and very old lawyer with a wide experience base, that's all.

GroundZero

Original Poster:

2,085 posts

83 months

Sunday 22nd November 2020
quotequote all
megaphone said:
I have similar issue on an extension near my GF's house. When I say extension, they have more or less demolished the old house. I have measured the extension height and it is 640mm higher than on the drawings. It has been reported to planning, so far it is still going ahead.

I don't normally give a toss, but this extension is on a corner plot, right up to the boundary, it is adjacent to a small access road so will make it into an alley. Not sure how it ever got planning.
Yep, I am also aware of numerous new builds near myself, friends and family who have wondered how planning got approved.
I know there is always the NIMBY crowd who wish to protect the environment they currently have and dislike change (which of course is perfectly valid position to have), but there are many new builds which many in my area have thought are well out of place and should never have got approval.

We live in a rural area and the amount of new builds and the rate thay are going up is rapidly changing the character of villages. But local planning don't seem to care about preserving character any more. Or they are corrupt as hell - which is what many keep saying.

anonymous-user

83 months

Sunday 22nd November 2020
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The brutal reality is that SE England needs many more homes. NIMBYism has its limits.

When I lived in a posh square in Islington I alone was not in a frenzy at the plan to build a modestly sized and stylish block of flats next door to my listed Regency house. The NIMBYs lost eventually. I have a friend who has lost her wits fighting Beaconsfield Council for ten years about planning stuff. She is currently winning but has gone nuts with it.

megaphone

11,653 posts

280 months

Sunday 22nd November 2020
quotequote all
Breadvan72 said:
The brutal reality is that SE England needs many more homes.
So we keep being told by politicians and developers with their snouts in the trough.

anonymous-user

83 months

Sunday 22nd November 2020
quotequote all
Also by nurses and teachers and firefighters.

anonymous-user

83 months

Sunday 22nd November 2020
quotequote all
I am 58 and I stopped sharing flats with non girlfriends/wives when I was 23. My friends in their mid 30s have jobs but those who are not in law or finance are forced to live like students in grotty shared houses.

megaphone

11,653 posts

280 months

Sunday 22nd November 2020
quotequote all
Breadvan72 said:
I am 58 and I stopped sharing flats with non girlfriends/wives when I was 23. My friends in their mid 30s have jobs but those who are not in law or finance are forced to live like students in grotty shared houses.
And you think the developers are building homes for them? Dream on.

anonymous-user

83 months

Sunday 22nd November 2020
quotequote all
Perhaps not, but that is the problem. Why so hostile?

megaphone

11,653 posts

280 months

Sunday 22nd November 2020
quotequote all
Breadvan72 said:
Perhaps not, but that is the problem. Why so hostile?
Sorry, not trying to be hostile, especially on a nice sunny morning. I just hear 'we need more homes' spun out, yet I fail to see it justified.

Yes we need more affordable housing for our less well off, but that just ain't happening.

Bobtherallyfan

1,513 posts

107 months

Sunday 22nd November 2020
quotequote all
GroundZero said:
Or they are corrupt as hell - which is what many keep saying.
The reality is that in many cases there is not much local planners can do...the Govt has tied their hands to a large degree. Even if they object, most developers will go to a Planning Inspectorate appeal and they tend to have little regard for local sensitivities.

anonymous-user

83 months

Sunday 22nd November 2020
quotequote all
Corruption has been a thing in Town Halls but it is is mainly a feature of 10 Downing Street these days - not since Walpole in the C18 have we had a PM and Cabinet so openly corrupt. Centralising planning policy suits the chumocracy.