This enforcement appeal concerned a newly built one-bedroom bungalow in Kingsbury, northwest London.
Our client Andrius had planning permission to demolish an existing garage and build a small detached dwelling in its place. He obtained permission, discharged the relevant pre-commencement conditions and began construction.
The problem only came to light when the works were almost complete. A planning enforcement officer from Brent Council visited the site with a measuring tape after a neighbour complained that the new house appeared to loom over her garden.
The house had been built to the correct design and dimensions, but it had been set out in the wrong position. It sat around 75cm closer to the rear boundary than shown on the approved plans.
Basically, Andrius had built the right house, but in the wrong place.
The council agreed with the neighbour that the new bungalow had an overbearing impact. It served an enforcement notice requiring the whole dwelling to be demolished and all associated materials removed from the site.
That was a severe response. The client had not built a larger house than approved. He had not gained an extra bedroom, additional floorspace or some other planning advantage. The only meaningful difference was that the approved bungalow had shifted 75cm closer to the rear boundary.
The enforcement appeal
We appealed the enforcement notice on ground (a), seeking planning permission for the bungalow as built.
The key point was that the original planning permission remained a realistic fallback position. If the appeal failed, the client could demolish the bungalow and rebuild almost the same house, in almost the same position, only 75cm further away from the boundary.
That would have been an absurd outcome!
There was one main issue in the appeal: did the 75cm difference cause enough additional planning harm to justify the demolition of an entire new dwelling?
We argued that it did not. The bungalow was no larger than approved, and its height, width, depth and detailed design matched the approved plans. The alleged harm related only to its position slightly closer to the neighbour.
We also argued that the building remained low in height, that the boundary fence limited overlooking and that the relationship with the neighbouring property was not materially worse than the already-approved scheme.
The inspector’s decision
The inspector accepted that the approved scheme was an important fallback position. He also accepted that the neighbour was affected by the construction of the bungalow, but found that the additional harm caused by the 75cm change in position was marginal.
The inspector allowed the appeal, quashed the enforcement notice and granted planning permission for the bungalow as built.
His conclusion was quite practical:
“To pull it down and start again, for the sake of 75cm, does not seem to me a sensible outcome.”
The bungalow stayed where it was.
Enforcement officers don’t always get it right
This case is a useful reminder that an enforcement notice should not be accepted at face value.
There had been a breach of planning control. Nobody was disputing that the house had not been built exactly where the approved plans showed it should be. But that did not mean demolition was a proportionate or sensible outcome, and the council should have considered whether any enforcement action was needed at all.
The council’s notice required the complete demolition of a new dwelling, but the inspector took a more practical view. He looked at what had already been approved, what had actually been built and what additional harm was caused by the difference between the two. Once the case was analysed in that way, demolition was clearly excessive.
It is also a warning for anyone carrying out building works after planning permission has been granted. Permission is not enough on its own, the development must be built in accordance with the approved plans. Even a relatively small setting-out error can lead to an enforcement investigation, delay, cost and considerable stress.
This case later featured in an article I wrote for The Telegraph about how easy it is to inadvertently run into trouble with the planners.
Brent is consistently among the most active enforcement authorities in England — see our guide to planning enforcement in Brent for the full picture.
If you have received an enforcement notice requiring demolition or reversal of works, it is important to act quickly. The appeal deadline is strict, and the best arguments often depend on carefully comparing what was approved, what has been built and what actual planning harm has been caused.
You can read more about planning enforcement notices, whether to appeal an enforcement notice and the grounds of appeal against an enforcement notice on our website.
