emailtojohn
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We have come to the conclusion that the only solution might be to demolish part of the first floor extension to reduce the new first floor area to 12sqm to comply with the exempted development rules.
The alternative is to close up the site, apply for retention and planning permission to complete the development. This could be dragged out over six months and the Enforcement Officer may interfere to ensure a refusal anyway. We have a 2 year old and the thought of a permanent building site in the back garden is a nightmare.
One last thing should we definitely go down this road: In the original extension we had a flat roof but would rather a hip roof (less likely to leak in the long term and aesthetically more pleasing). The senior planner did say he did not think a flat roof was a good idea. Could the Enforcement Officer use this to cause us more hassle?
Thanks for your replies to date. Your comments are very helpful and informative.
I feel that this Enforcement Officer is not going to go away and his motivation is more than a professional sense of duty. I am now wondering should I lodge a formal complaint with the local authority that he is prejudice and not treating us fairly. I think we have nothing to loose.I also think that he did not follow due process in starting the enforcement proceeding as no letter of complaint was received. It was more a case of his friend (my neighbour) made a phone call and now I have had a Senior Planner, the Enforcement Officer and the Building Control Officer visit my site. Also to hassle us about issues that have nothing to do with Enforcement would seem to be inappropriate to say the least.
I had already stopped the building work when the issue came to light. Is there any way I could finish the building work if I limit the first floor extension to 12sqm or finish the job as planned and apply for retention afterwards.
