Tuesday 10 November 2009

A timeline of all that has happened

 March 2008 we purchase a barn with planning permission to convert to a 3 bedroom dwelling.
 July 2008 new plans drawn up to improve on previous and informal comment sought from the planning department, this included the rebuilding of 2 brick lean tos and a large number of openings being made.
 August 2008 a formal full planning application is hand delivered to the Planning Department in Llandeilo.
 October 2008 a phone call is made to the department as we had heard nothing, this phone call identified the paper work had been lost.
 October 2008 a second copy of the full application is submitted to the Local Planning Authority. This time it is acknowledged, no request is made for a new structural engineers report even though a substantial amount of structural alteration was being proposed. (Though we didn’t realise the importance of this until later)
 Planning permission was given in December 2008, signed by Graham Noakes, senior development control officer.
 24th February 2009 building starts and the Building Inspector makes his first visit to the property, he states at this time that he had not looked at the plans and also demands to see the new structural engineers report, we explain that we only have the original and that no other report was requested.
 26th February, substantial collapse of barn gable occurred. The collapsed wall was removed along with other areas of wall that were identified in the original structural engineers report as being suspect and needing to be removed and rebuilt or were specified in the planning permission to be removed to create openings.
 2nd March Building Inspector turns up after the weekend with camera, he informs us that we do not have planning permission for the works and we understand that he had phoned the planning department to inform them we had gone outside the scope of our planning permission.
 4th March Local Planning Authority say on the phone that we require a new planning application, they told us at this stage they would not support it, our architect sends them a full report of what had happened and why it was all within the scope of our planning permission.
 6h March Building Inspector turns up but refuses to speak with us, he informs our builder that our 300 year old barn had concrete underpinning and that our architect was telling “porkies”.
 10th March, we receive an email from the planning officer stating that we had gone outside the planning permission and that a new planning application would go outside the scope of the Local Authority’s planning policy.
 15th March our architect sends a further email trying to arrange a meeting and explaining all the elements of both the structural engineers report and the planning permission and therefore why we had not breached our original planning permission.
 16th March we receive a terse reply which ignores both our request for a meeting and assistance.
 March 2009, after this second email from the planning department, we phone our local councillor who agrees to meet us, he takes away all the paperwork and recommends a planning consultant.
 By the end of March we have entered into a contract with the planning consultant who spends the next 3 months grappling with the complexities of the case. He talks at length with the original structural engineer, who fully supports all that we have done as being in accordance with his report, and the architect who provides him with the plans which also demonstrates that nothing we have done goes outside the obtained planning permission.
 15th July, we meet with the Local Planning Authority (LPA), we went through our case and it was clear that they had not looked at the paperwork. This was identified by the fact that they told us we should never have knocked the brick lean to down, once it was pointed out that this had been given permission for in the latest planning a serious amount of paper shuffling went on. At the start of the meeting we were told that the LPA do not give permission for people to rebuild half of their barn, by the end of the meeting those present seemed to accept this case was exceptional, and had started to suggest appropriate ways forward.
 Subsequent correspondence between the structural engineer, the planning consultant and the LPA resulted in a general agreement that we had not gone outside the planning permission and that what had come down was all identified either within the new planning permission or within the original structural report.
 The planning officer felt he needed some guidance on proceeding forward and so had to refer the case upwards, on the 5th of October we receive this email “I have now had the opportunity to discuss this application with Eifion Bowen, Head of Planning, at which it was concluded that the extent of the building that remains is beyond that which was it was (sic) proposed to retain and that the implementation of the permission in respect of a conversion is no longer possible.

Your argument in respect of the amount of the original structure that was indicated to be demolished is noted, however, it is clear that the initial permission was granted in the context of a conversion, with the second informative note attached as a note to that permission advising as such.”
 So three months later and we receive a reply which is nonsensical at best, they also do not disagree with our arguments which leaves us wondering why we cannot implement our planning permission and it refers to the initial permission and not the subsequent one which overwrites the original.
 So finally we are so distraught and upset we seek legal advice and secure the services of a barrister. The response we get is 13 pages listing why the local authority is wrong and that there are no legal grounds whereby we should not continue with our development.
 On the 26th of October we hand deliver another letter to the LPA which gives them 28 days to provide us with a reasonable response and should we receive nothing then we will assume that works may continue unimpeded.
 On the 30th October we post all the relevant correspondence to our local councillor.

The end??!

1 comment:

Hels Bels said...

UNBELIEVABLE that people such as your good selves would be so obstructed by mindless pen-pushers and prevented from doing your good work in keeping the countryside beautiful.... by people whose remit it is to keep the countryside beautiful. Hold on... did i say unbelievable? scrub that - this kind of injustice happens so much it is TOTALLY believable but that's what makes it so maddening :(
Don't give up xxx

Bracken! by Dana Kittle

Bracken! by Dana Kittle
Tree on one of our sloping meadows

The Barn by Dana Kittle

The Barn by Dana Kittle
This is our Welsh Barn which we have just bought. Our architect has confirmed that the old crucks we've found inside date it to being at least 300 years old.