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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6504
Experience:  English solicitor with over 12 years experience
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I have had a visit from a planning enforcement officer about

Customer Question

I have had a visit from a planning enforcement officer about a hobby studio which a neighbour has complained about. The officer refused to tell who the complainant was. The reason that I wished to contact the complainant was to show them the development and to reassure them that we were not intending to rent the building out to people. The building did exceed planning regulations by being 35cm too high. The planning officer informed me that if the complaint was approved then I may have to demolish the building. What can I do?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: What paperwork? The only step I have taken is to contact you. Can I identify the complainant under the Freedom of Information Act?
JA: Where is the property located?
Customer: In my garden in Reading RG30 2QD
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.
Category: Law
Expert:  UKSolicitorJA replied 6 months ago.

Hello,

I am afraid the complainant has the right not to have their identity revealed under data protection/GPDR laws. If it has been more than 4 years since you built the studio, you may apply for a Lawful Development Certificate as you get immunity after 4 years of building.

May I help further?

Customer: replied 6 months ago.
The building has only been there for 3 months. 35cm over planning limit seems trivial to me. What can I do now?
Expert:  UKSolicitorJA replied 6 months ago.

The guiding factor for the council is as follows:

"The decisive issue for the local planning authority should be whether the breach would unacceptably affect public amenity or the existing use of land and buildings meriting protection in the public interest."

The council may only take enforcement action if it is expedient to do so.

I would advise you to contact for further information and advice http://just-planning.co.uk/

All the best. If this is helpful, please leave a positive rating.