Can Council stop building?

HeatLoad

Hi, a client of mine received a letter fro the town council requesting her to stop building on an extension that complies to all aspects of exemped development. Their reason for stopping the development is 'the extension seems to be consistently bigger than the proposal shown on the original sketches which were submitted by you'.

Before I became involved the builder submitted some sketches which I later re-designed. As the extension is exempt from planning we didn't submit any further sketches to the council for their approval or otherwise.

My queries are, firstly, can they stop construction without ckecking the floor area for themselves and secondly, are we obliged to provide a full set of drawings to them?


The kitchen units being delivered tomorrow so any advice would be much appreciated. Thanks

muffler

I presume its a warning letter rather than an actual enforcement notice that was sent. Either way you'd be well advised to stop the work until such time as a final determination can be made on the issue. They obviously had some valid reason for requesting the works to be ceased.

Supertech

Sounds like somebody complained. I'd also guess that the council had someone out at the site to measure the works completed to date. I'd talk to enforcement and see what your next course of action is - probably need to lodge a set of drawings and get them to decide if it's still exempt and issue a declaration if it is.

HeatLoad

I have measued the work and it falls well within exemption requirements. I have since discovered that the client has not been totally honest with me. Before I got involved she was asked to verify locations of the watermain and common drains before starting to build. She conveniently failed to inform me of this letter and 'forgot' to tell me that the council made reference to this in their most recent letter. Anyway I've spoken to the sanitary engineer and he is happy to allow building to commence as soon as the information is received.

Thanks for your comments

Poor Uncle Tom

Don't be afraid to tell them why you think it is an exempted development. They may ask you for that in writing and allow you to continue. (this has happened me before).

muffler

HeatLoad wrote: »

I have measued the work and it falls well within exemption requirements.

Dont forget about the height, position of windows, open space area etc etc

sydthebeat

muffler wrote: »

Dont forget about the height, position of windows, open space area etc etc

+1

theres a lot more conditions to be met in order to be considered exempt, other than floor area....

HeatLoad

theres a lot more conditions to be met in order to be considered exempt, other than floor area....


I am aware of that, thanks.

sydthebeat

fair enough, but you DID post the query

"can they stop construction without checking the floor area for themselves?"