So you have been granted planning permission, but perhaps what you have built is not quite the same as what was shown on the submitted and approved plans. This article focuses on helping you understand how to deal with this situation, and whether it might be a problem or not
Legally most permissions include a standard condition that the ‘development’ must be undertaken in complete accordance with the approved plans.
For some schemes, revisions to the approved plans are made following the granting of planning permission. This can be a problem – if the revised drawings are used during the construction, then this would mean that the development has not been carried out in accordance with the approved plans.
If a development is not carried out strictly in accordance with the approved plans then this may cause an issue when it is being sold – buyers and their solicitors will look carefully to make sure that what they are buying is the same as shown on the approved plans – these are the searches often carried out during conveyancing.
Not ‘building’ in accordance with the approved plans leaves the development vulnerable to ‘enforcement action’ being taken by the local planning authority (LPA). Although rare, LPA’s may use the wide variety of sanctions available to them in the event that they find that the building works are not in accord with the approved plans.
Sometimes the changes are ‘de minimus’ – they may not have a material effect on the external appearance of the building or structure on which they are installed, and as such may not come within the legal definition of development and not require planning permission.
Sometimes the changes are ‘material’ and formal changes to the approved permission should be obtained from the LPA. Quite how to do this will depend on the nature and scale of the changes, which are proposed or has taken place.
Our team of specialist planners are experienced in resolving situations of this kind for our clients. This is the first of series of articles aimed at illustrating some of the available options, including making an application;
- For retrospective planning permission
- For a non-material amendment
- For a minor material amendment
- For a variation or removal of condition
This is a complex area of planning law, it is complex and specialist advice should be taken particularly if the changes relate to listed building consent, as some of the above options are not available.
It’s important to remember that if the LPA issues an enforcement notice then failure to comply with it is a criminal offence.
If you know you want to change what you build from what is approved, we would always recommend getting the planning permission amended – and wherever possible do this before you start any building works.
If you have a specific question or issue then please contact us