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SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 5427
Experience:  Director and Principal Solicitor. UK
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Can a planning officer simply give permission for a builder

Customer Question

Can a planning officer simply give permission for a builder to ignore an existing planning condition, or is there a process which must take place in order to remove a planning condition from the original planning permission?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: i have questioned the planning department about the removal of several conditions on the same planning application. (next door to my house). They are refusing to answer my emails.
JA: Where is the house located?
Customer: Fontwell Avenue, Eastergate, West Sussex.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have been in dispute for over 4 years with Arun District Council about the irregularities relating to this site. The Information Commissioner and the Ombudsman have ruled several times in our favour, but the Council have now resorted to threats against us.
Submitted: 19 days ago.
Category: Property Law
Customer: replied 18 days ago.
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Customer: replied 18 days ago.
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Expert:  Virtual-mod replied 18 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  SolicitorRM replied 18 days ago.

Good morning, welcome to just answer. I am a solicitor and I have reviewed your question for you. I am sorry to hear of your situation. There is no separate process but when the new application is filed the applicant will have to satisfy planning why the conditions are no longer required to be there or what they propose to do to satisfy the same.

If you have positive decisions from the Ombudman why have you not enforced them? The Council should not have a right to threaten you and if you can prove the threats and any harassment they are not above the law you can apply for an injunction order.

Any follow up do not hesitate to send your message, always glad to clarify. All the best.

Customer: replied 18 days ago.
Thank you for your trouble.
To make it clear, there has not been any new application made. The conditions on the original permitted application have just been ignored and the builder told he does not have to fulfill them. The derails are posted on the Arun District Council web site Planning Portal under reference Land West of Fontwell Ave. Permissions for Duggin and Norgate. Details are in our Letters of Objection.
Expert:  SolicitorRM replied 18 days ago.

Hi you are welcome. If the conditions are in current planning permission and there is no evidence that the neighbour has presented evidence to the planning department to satisfy them of reasons why the conditions had to be waived/disregarded then it is abuse of power to have simply allowed the builder to carry on without those conditions being dealt with. If this is not one of the issues that you have taken to the Ombudsman then you are within your rights to escalate it.