Planning issue

July 1, 2024 by Christina Tam in forum Planning Forum

#2367 Christina Tam, 1 July 2024, 20:47

I got planning permission back in 2022 to do a major change to my house. It included replacing all the windows with larger ones and adding two new extensions. When the builder started he found that the roof was quite rotten and removed it to install new timbers. Whilst the roof was off he decided that it was a good time to install the big steels that were needed for the approved construction.
To install the big steels meant temporarily removing existing first floor timbers.
He also created the large openings for the windows etc. The gable end wall became very unstable and crashed down onto the new floor slab , breaking a big chunk of it.Pics available. Luckily no one was injured. We then called out the structural engineer to examine the remaining masonry. It was found that when we made the openings larger for the new windows the remaining masonry was also unstable. The engineer suggested that a wind post would be required between the new windows and the columns should be removed and rebuilt with 40 newton blockwork with an integral steel post. All the columns together only amounted to 15 sq metres. We removed the remaining masonry columns,which only required a small push over anyhow. We were just about to start re-building the columns when the planners got informed by someone that the house was demolished.
Technically it looked like that but only because that was the construction method advised by the Engineer. It would have been back looking like the original in a few days if we were allowed to continue.
Ever since we have been arguing with the planners about whether it was lawful or not to remove the old columns. They are saying that it was a demolition job and we are saying that it was a necessary part of the construction to comply with Building regs and the Structural Engineer, not to mention Health and Safety.
Now the planners are asking me to apply for a new house instead with lots of CIL implications in their favour.
The have been trying to mislead me saying that the current planning permission is not in force any more. But it is not revoked either.
I have , or never had any intention of constructing the house any different to the planning approval.
I am at my wits end at this stage with the planners. I need the house to live in it asap.
I would understand , if I were trying to cheat and build something different from the approved plans
If I carry on and finish the house as per approved planning , what is the worst thing that can happen to me. What law am I supposed to be breaking ?
All help appreciated please.

#2368 Damian, 1 July 2024, 22:52

A demolition and re-build is quite a lot different to an extension in terms of both Planning and Building Regulations.

I would advise you submit a Full application as soon as possible. The principle of the overall design is acceptable (as you have already been granted Planning for extensions/alterations). Proceeding with any works prior to receiving the outcome of the application is at your own risk.

By the way, the issues in ending up re-building as opposed to extending and altering should have been picked up long before you started. A competent structural engineer and builder would have reviewed the requirements and advised from the outset.

Something to note is a new build will save you VAT. That would only normally tie in with a Full Planning application as opposed to a Householder application. You should be able to claim exemption from CIL. You’d need to discuss how that would work with your LPA’s CIL department, especially as works have started.

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