It is surprisingly easy to run into planning enforcement problems without intending to do so. A common mistake is to obtain separate planning permissions for different extensions, or to combine planning permission with what is allowed under permitted development, and then to build everything together.
Although the individual elements may each have approval, it is not always lawful to construct them as a single combined scheme. Many homeowners are never aware of this, but where a council becomes involved, the consequences can be serious.
In this case, our client had planning permission for ground floor side and rear extensions and a first-floor rear extension. These works were then combined with roof extensions in the form of a hip-to-gable and rear dormer, which are often possible under permitted development.
The council considered the overall result unacceptable and refused a retrospective planning application, placing the client at risk of enforcement action and potential demolition of completed works.
We submitted an appeal, arguing that the extensions were balanced and harmonious, caused no harm to the streetscene and reflected a wide range of similar development along the row. This included almost identical extensions at a neighbouring property.
The inspector agreed. They concluded that the combined extensions sat comfortably within the street, did not cause visual harm and were consistent with the character of the area. Planning permission was therefore granted.
This was a huge relief for the client, who faced the prospect of removing much of what had already been built. The case demonstrates that retrospective refusals, even where enforcement action is threatened, can often be successfully challenged on appeal.
If you are facing planning enforcement issues or a refusal of retrospective planning permission, an appeal may be worth considering. We regularly advise on enforcement matters and planning appeals in Barnet and across London.
