Defacto planning permission and council rage

ubersonic · 24 Mar 2014 at 08:12

Quick question, does anybody know off hand how many years after something is done without planning permission (that would require it) a council can no longer take any action against it? I'm thinking 4 off the top of my head but not sure.

[FnG]magnolia · 24 Mar 2014 at 08:14

Your neighbours have 10 years to challenge.

Trifid · 24 Mar 2014 at 08:22

I believe it is 5 years for extensions and 10 for change of use for land (including splitting a house into flats).

Hades · 24 Mar 2014 at 08:24

I seem to recall a case where a farmer built a barn. After several years the council discovered it but and ordered it removed. The farmer appealed as it was outside the term for unapproved works. But he lost because he was found to have deliberately hidden the works from being seen and therefore the maximum period was not applicable (I believe he hid it behind hay bales).

So there are ways that the maximum period doesn't apply.

[FnG]magnolia · 24 Mar 2014 at 08:26

Overclockers UK Forums > Life > General Discussion > HEY GUYS WHERE CAN I BUY SOME HAY BALES PLS

ubersonic · 24 Mar 2014 at 08:32

Thanks guys, managed to find it on-line in the end, it's a different amount of years depending on what it is:

The time limits are:

• four years for building, engineering, mining or other operations in, on, over or under land, without planning permission. This development becomes immune from enforcement action four years after the operations are substantially completed.
• four years for the change of use of a building, or part of a building, to use as a single dwelling house. Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken.
• 10 years for all other development. The 10 year period runs from the date the breach of planning control was committed.

Once these time limits have passed, the development becomes lawful, in terms of planning.

Hades · 24 Mar 2014 at 08:35

So I can build a mine under my house as long as the council don't know about it for four years? Cool

ubersonic · 24 Mar 2014 at 08:44

For reference my issue is that we built a single car driveway back in the nineties (no dropped kerb but half the ones on this street that were done with permission don't either as it's a lazy local council out in the sticks). Anyway it was paved with flagstones but we recently removed two strips and replaced them with stone chippings (as the weight of vehicles had cracked the flags over the years) and now the council are moaning about it.

My argument is it's been there since the 20th century, the alteration doesn't make it a new thing, and they should be happy as I have swapped non-permeable surface for permeable (which isn't supposed to require permission anyway) which will aid rain soaking.

Azza · 24 Mar 2014 at 08:46

Hades said:
I seem to recall a case where a farmer built a barn. After several years the council discovered it but and ordered it removed. The farmer appealed as it was outside the term for unapproved works. But he lost because he was found to have deliberately hidden the works from being seen and therefore the maximum period was not applicable (I believe he hid it behind hay bales).

So there are ways that the maximum period doesn't apply.

It was actually a castle he was trying to build. If it's the one I'm thinking about, which was hidden behind a wall of bales.

Orionaut · 24 Mar 2014 at 09:03

Hades said:
So I can build a mine under my house as long as the council don't know about it for four years? Cool

Like this!

Edrof · 24 Mar 2014 at 09:59

ubersonic said:
For reference my issue is that we built a single car driveway back in the nineties (no dropped kerb but half the ones on this street that were done with permission don't either as it's a lazy local council out in the sticks). Anyway it was paved with flagstones but we recently removed two strips and replaced them with stone chippings (as the weight of vehicles had cracked the flags over the years) and now the council are moaning about it.

My argument is it's been there since the 20th century, the alteration doesn't make it a new thing, and they should be happy as I have swapped non-permeable surface for permeable (which isn't supposed to require permission anyway) which will aid rain soaking.

Councils are idiots. From what I've seen, mine seems to be riddled with stupidity and/or corruption. But then, I'm guessing that this has been a safe Tory area forever...

TFC · 24 Mar 2014 at 10:16

Azza said:
It was actually a castle he was trying to build. If it's the one I'm thinking about, which was hidden behind a wall of bales.

It was Bob Fidler at Horley Surrey... his name suited him as he was always trying something on.

http://www.telegraph.co.uk/news/ukn...n-castle-secretly-built-behind-haystacks.html

Tingtangmakadingdong · 24 Mar 2014 at 10:37

ubersonic said:
For reference my issue is that we built a single car driveway back in the nineties (no dropped kerb but half the ones on this street that were done with permission don't either as it's a lazy local council out in the sticks). Anyway it was paved with flagstones but we recently removed two strips and replaced them with stone chippings (as the weight of vehicles had cracked the flags over the years) and now the council are moaning about it.

My argument is it's been there since the 20th century, the alteration doesn't make it a new thing, and they should be happy as I have swapped non-permeable surface for permeable (which isn't supposed to require permission anyway) which will aid rain soaking.

You can apply for a Certificate of Lawfulness since your using permeable material. It'll keep the council of your back and ideal if you sell the house in the future if the council have put a marker against your property concerning this driveway. Send me email by trust if you need help with application process.