North Warwickshire Borough Council has successfully defended planning enforcement action at appeal after unauthorised changes were made to a residential extension.
The Council issued an Enforcement Notice after a single-storey extension was built differently from the plans that had originally been approved through the planning process. The changes were significant enough that the development no longer complied with the approved plans.
The alterations were made during construction following advice from contractors and other third parties. However, the homeowners did not seek advice from North Warwickshire Borough Council's Planning Team before the changes were carried out.
The Council's Enforcement Notice required the homeowners to address the unauthorised development. In response, the homeowners appealed against the notice and applied for permission to keep the extension as it had been built.
The case was considered by the Planning Inspector. The Planning Inspector dismissed the appeal, upheld the Council's Enforcement Notice and refused planning permission for the unauthorised changes.
As a result, North Warwickshire Borough Council was successful in defending the enforcement action. The homeowners must now comply with the Enforcement Notice within the next nine months. They must either alter the extension so that it matches the plans that were originally approved or remove the single-storey extension entirely.
Councillor Mark Simpson, Chairman of the Planning and Development Board, said:
"This demonstrates the importance of complying with the approved plans that have been granted planning permission. The planning system acknowledges that changes during development can occur and allows applications to be submitted to vary approved schemes.
"However, it's important to contact the Planning Team to discuss any changes before making them, to avoid potential enforcement action in the future. It is a salutary reminder to homeowners that, if changes are proposed before or during construction, the appropriate consents should be obtained. Homeowners should not rely solely on advice from builders, as they remain ultimately responsible for ensuring the necessary permissions are in place.
"This is particularly important where a property is subject to a mortgage, as any enforcement action may involve the mortgage provider and could affect a future sale.
"This case serves as an important reminder that planning permission is granted for specific approved plans and that any significant changes should be discussed with North Warwickshire Borough Council's Planning Team before they are made.
"While changes during construction can sometimes be necessary, homeowners should seek advice before carrying them out to ensure any additional permissions are in place. As this case demonstrates, making changes without first checking with the Planning Department can result in enforcement action, additional costs, and the need to alter or even remove completed work. Seeking advice at an early stage can help homeowners avoid unnecessary expense, delays and complications later."