PP Appeal Date passed

Mellor

I spent the last three months in the states. Just after I left a planning decision on an extension I lodged was due.
After a few weeks the client contacted me and said it was granted.

I am back about a week, and after a bit of rest I set about to tie this one up. I got a few copies of the drawings, and any letters the CC had sent me.
I was reading through the conditions, my first time to see them, and I noticed that the CC had attached a condition that the max projection be 4m, instead of the 5m in the original. I got in touch with the client and asked him was he aware of this. He wasn't. He isn't happy about this, he was asking about objections/appeals and I told him the appeal date was past. 4 weeks after intial grant. Grant was two months ago.

What are his options now, build 4m extension, build 5m and go for retention,
build 5m anyway, nobody will measure it.
I dont like the second two. Are they are better options?
Mellor

muffler

Pick a forum for posting this - no need for posting it in 2 forums

Locked


Edit; Apologies Mellor. I was logged into the wrong forum and thought you had posted twice.

muffler

Mellor wrote:

What are his options now, build 4m extension, build 5m and go for retention, build 5m anyway, nobody will measure it.
I dont like the second two. Are they are better options?
Mellor

Just a gentle reminder for anyone else replying to this - flaunting of planning regs is not condoned here.

In reply to your queries Mellor - as you obviously know an appeal is not an option so its either build it a particular way or go back to the planners with it.

The problem with building it in excess of the 4m conditioned is the question of certification. Will you sign off on it? If you do what happens in a couple of years from now should your client sell and someone else may well spot this? Your P.I. cover could well take a hammering.

As its down as a condition it may not be easy but would you try for a minor amendment? Maybe discuss it with the planner first and if needs be take it to the local councillor. These guys still have a good working relationship with the planners and may get a different response from what you or me would get.

Mellor

certification isn't an issue, as its an extension the CC aren't requesting a cert of compliance. The client is funding this himself and therefore the bank isn't involved, and therefore no request for compliance with PP or BRs (although it will).
I was thinking of trying to contact the planner, but could this draw attention to the issue and possibly create a check-up on the development from building control.

kkelliher

mellor

if the client ever goes to sell they will need certificateion as 90% of solicitors will not let their clients close on a property without one. This is when you may come under pressure.

Best solution is contact planners and try and get the condition ammended through consultation and then lodgement of compliance documents and get confirmation from them that they are happy with the submitted documentation.

ircoha

Mellor: sorry to read about this: I presume u have checked to see if there were any objections that drove the 4m condition.
I would not build in excess of the condition, u are prolly in enough sh1t with client re missing window for appeal procedure so no point in giving him another stick to beat u with. Clients can be funny that way.

perhaps cut a metre off the tape;)

Mellor

There were no objections, infact neighbours had no problems with it. The condition was put in for them according to the reason in the grant letter.
As far as I am concerned, the client had the letter, and he told me he got the go ahead, he never mentioned conditions until the other day. If he told me I could of handled it for the states, maybe.
Going to go the planner/councillor.amendment route that muffler suggested.

Alot on my plate this week, suppose its a good thing the hunt for a new job is a little slow. Give me time to get sorted, hopefully.