The Risks of Falling Foul of the Planning System

Arguably an important a part of the brand new construct course of is planning permission. The seriousness of failure to realize and adjust to planning permission can’t be over emphasised. This week’s information of a household being compelled to have their house demolished serves as a stark reminder of the ability wielded by the planning authorities. The Murray household contracted builders to assemble their dream house in Glasgow over two years in the past.However the completed home didn’t adjust to the phrases of the planning permission granted, and the native council have ordered that the home be demolished. On condition that they paid £164,000 for the constructing plot and the development price £300,000, that is devastating information for the household. The council have acknowledged that the home “differed considerably” from the accredited plans (six toes increased, 4 toes wider and 9 toes longer, with an unapproved balcony).Planning permission is granted topic to sure circumstances. A breach of those circumstances isn’t unlawful. Nonetheless, it is going to normally outcome within the council both permitting the proprietor the chance to hunt retrospective permission, or the council might subject an enforcement discover. Failure to adjust to an enforcement discover is a felony offence.An enforcement discover can demand that you just revert issues to their unique state, for instance if you happen to have been to exchange wooden framed home windows with UPVC home windows with out permission, this could be deemed unacceptable and also you could be ordered to place picket frames again in. Within the worst case state of affairs, an enforcement discover might require the demolition of a brand new extension and even a complete constructing, as within the case of the Murrays. To make issues worse, you can even be issued with a superb – as much as £20,000 within the magistrates court docket or limitless within the crown court docket. The Murray household have been ordered to pay the demolition prices of £11,500. You’ve gotten the precise to enchantment towards an enforcement discover, however in case you are unsuccessful it’s essential to adjust to the discover.Some would say it’s a crime to demand {that a} constructing be demolished, and it’s undeniably wasteful of assets, however planners would argue that it must be made completely clear that persons are not permitted to deviate from agreed specs.Plans ought to all the time be mentioned with the native planning authority and constructing management division earlier than any work begins. Andrew Murray trusted his builder and architect to stick to the phrases of the planning permission granted, however they failed to take action and he’s paying the value. The case demonstrates the significance of proprietor involvement in overseeing constructing initiatives. Alternatively, make use of an architect or venture supervisor and formally delegate accountability by a contract.Regardless of the ethical rights and wrongs of the scenario, the planning authorities have the legislation on their aspect, and so they have proven they don’t seem to be afraid to make use of it.