What Happens If You Violate Planning Permission In Berkshire?

By Author: Garry Stacks
Total Articles: 303
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Whether you have an existing property in Berkshire or you are planning to move there, it is crucial that you have the necessary planning permission in place. This permission is required in almost all the respects – from extending your property, converting the loft, or simply starting a commercial project. You need approval from the local planning board. They will ensure that the design and layout is safe, compliant and is in sync with the existing community standards. But what if these rules and regulations are violated? It is crucial that you are fully aware of the consequences so that you don’t end up making costly mistakes.

The Local Planning Authority Will Carry Out an Immediate Investigation:

If the local council in Berkshire receives a complaint or they have information regarding an unauthorised development, they will start an investigation to find out what it is all about. Planning officers will visit the site to carry out the inspection. They will review the plans and also assess the situation to understand the level of breach that has happened. Please note, that a breach of ...
... the Berkshire planning permission does not mean that you will face penalties. There will be a formal review as the first step before further course of action is chartered.

Retrospective Planning Permission May or May Not Be Required

If the officers find out that the construction work was carried out without prior approval of Berkshire planning permission, they might ask you to apply for a retrospective planning. This is done so that the council gets sufficient time to inspect and judge the development. However, the officers might not ask you to apply for the retrospective planning if they find out that the construction work done is in violation of the existing policies, affects the neighbour’s property or poses structural issues. The authority has the right to refuse it.

The Officers Can Issue an Enforcement Notice

If the officers refuse the retrospective permission or if they find the breach of the existing regulations to be severe, the council has the legal right to issue an enforcement notice. As part of this notice, you will be asked to explain the things and justify your actions. Depending on the nature of the case, you may have to:

Demolish or remove the unauthorised construction part of the property.
Stop the ongoing construction work with immediate effect.
Restore the site to its original condition.

Please note that failing to comply with the enforcement notice will be considered as a criminal offence.

Stop Notice for Serious Violations

In case of serious violations, especially the construction work has a direct and lasting environmental or safety harm, the officers can send you a “Stop Notice.” This means that you need to stop all kinds of construction work on the site immediately. This notice can significantly affect the project timeline and can also lead to financial loss. You have to speak with the officers in charge to find out what will be your next course of action.

Potential Fines and Legal Action

Not following the enforcement measures can lead to legal action that includes the court. For example; you may have to pay unlimited fines because you ignored the enforcement notice. There will be a criminal charge against you if you continue with the illegal construction work, even though you received the stop notice. Moreover, the court may ask you to pay daily penalties unless compliance is achieved. In some cases, the court might execute all the remedial work themselves and will ask you to refurbish the entire payment.

Direct Impact on Mortgaging/Selling the Property

Illegal construction work will always complicate property transactions in Berkshire. Attorneys and surveyors will warn the officers about the planning irregularities. As a result, you might not find a suitable buyer, the lender might refuse to pay the mortgage amount or you may end up incurring extra legal and administrative fees. In order to sell or mortgage the property, you may have to obtain indemnity insurance at a higher rate or apply for retrospective permission in order to reassure the future buyers.

Affect Local Relationships

You might not think about this right at the start but when there is violation of the existing rules pertaining to the Berkshire planning permission, you will see that it has led to tension with your neighbours. They might feel threatened or adversely affected by the construction work. This can lead them to register complaints against you. Hence, it is crucial to follow the rules and to remain civil during any communication or interaction with the neighbours.
Conclusion
There are several ways in which you can avoid making the above mistakes. A little bit of due diligence on your part will go a long way in ensuring that things work out as you want. We suggest that you keep the following factors in mind:

Find out if the proposed project requires Berkshire planning permission.
Make sure that all the necessary designs and layouts meet the council requirements.
Hire experienced and reliable architects for the project. Someone, who know what to do and how to do it.
And finally, discuss your plan of action with your neighbours so that they are aware about what to expect and deal with. This will help to get rid of any kind of confusion in the long run.

 
About the Author: This contribution has been made by Garry Stacks who has written a number of articles on Berkshire Planning Permission and provides fruitful information.