not conforming to planning conditions

pppm

in our neighbours planning permission he was to put down a pure a flow system for us but we did not know until last year and it has now been over 12 years since planning permission was given but in the permission it stated that the house could not be built unless it was down first . now the council are saying that they cannot do anything about it since it is over 12 years . the council never had come out to check that this had been done before he started to build and apparently an engineer in the council had signed that it was done what can be done if anything .

Fred Swanson

This post has been deleted.

Victor

Fred Swanson wrote: »

This post has been deleted.

The council can still insist that the property be brought in line with any permissions. They simply can't bring a criminal prosecution.

wexfordman2

Victor wrote: »

The council can still insist that the property be brought in line with any permissions. They simply can't bring a criminal prosecution.

How can the insist thought if they canot prosecute you ?

exaisle

wexfordman2 wrote: »

How can the insist thought if they canot prosecute you ?

They jump up and down on the spot. Which is more active than they have been according to the OP.

sinnerboy

pppm wrote: »

in our neighbours planning permission he was to put down a pure a flow system for us but we did not know until last year

I don't understand this. How could a planning permission for another development require anything be done to your site and you did not know of this ?

Did you acquire your house in the interim ?

sinnerboy

pppm wrote: »

apparently an engineer in the council had signed that it was done what can be done if anything .

Ask a solicitor for advice on formally claiming (what on the face of it and based on what you say here on it's own) looks like something the other owner owes to you. The council will not assist. The engineers "signings" may frustrate your claim.

dazed+confused

The planning authority (The County Council in this case) can force compliance on an existing development at any stage.


i. The facility whereby neighbours or a member of the public can make a complaint to the Planning Authority about an existing development and the Planning Authority are required to investigate and take appropriate action to force compliance with Planning Conditions. Many such complaints and subsequent Warning Notices and Enforcement Notices relate to environmental issues.

loremolis

pppm wrote: »

in our neighbours planning permission he was to put down a pure a flow system for us but we did not know until last year and it has now been over 12 years since planning permission was given but in the permission it stated that the house could not be built unless it was down first . now the council are saying that they cannot do anything about it since it is over 12 years . the council never had come out to check that this had been done before he started to build and apparently an engineer in the council had signed that it was done what can be done if anything .

There is a gap in the information you have given.

While it is unlikely that your neighbors permission includes conditions requiring a treatment system for you, let's say it does.

Where does the permission say it is to be installed, on your property or your meighbours?

Also, the conditions of a planning permission can always be enforced for non-compliance. The 7 years referred to relates to development that has been constructed without any permission.

nuac

The seven years time limit does not apply to a continuing breach of a condition.

Check the file. Consult an engineer/architect and a solicitor