Advice on Appeals with Local Planning Authority in Scotland
If you want to know how your DIY projects could be affected by building and planning regulations, click here to post questions and view answers

5 posts   •   Page 1 of 1
Plantosucceed
Labourer
Labourer
Posts: 3
Joined: Sat Aug 18, 2012 9:12 pm

Advice on Appeals with Local Planning Authority in Scotland

by Plantosucceed » Sat Aug 18, 2012 9:23 pm

Hi all, I am looking for advice on the below for a parent.

The background:

1) We submitted plans to our local planning authority to build a large garage in our garden. The plans were accepted subject to lowering our roof by around 1 foot, which was fine.

2) We contract a local building agency to build our garage. Unfortunately they used the original plans instead of the altered creating the foot too high roof. They apologised and advised us to appeal as it was a small amount and our building is surrounded by neighbours, enclosed - they would look at re-doing the roof if this was refused.

3) Unfortunately the firm went out of business and the council refused the build, advising the roof must come down and be replaced with a new one (we could not cut down and amend the current roof) as it is "not with the surrounding area" despite not complaints from 2 neighbour notifications.

4) We appealed to our local council who also refused.

5) Our next-door neighbour has now built a substantial extension that is 8cm taller than our garage roof.

As there any mechanism we can use to appeal or reason with the local planning? We have contacted them on this basis and they have ignored our neighbours built citing unfortunately your original plans were refused and your garage is not in fitting the local area.

Any help is greatly appreciated, or if anyone you know could help? based in Scotland. Thank you.

welsh brickie
Project Manager
Project Manager
Posts: 2610
Joined: Sat Apr 12, 2008 8:54 am

Re: Advice on Local Planning Authority in Scotland

by welsh brickie » Sun Aug 19, 2012 9:51 pm

technically you exeeded your planning agreement,There is no recourse open to you.If your neighbour has exceeded his then he will have to alter it.Sorry I wish I could give you better news.You could try and reason with the planning officer but thats your last resort.

Plantosucceed
Labourer
Labourer
Posts: 3
Joined: Sat Aug 18, 2012 9:12 pm

Re: Advice on Appeals with Local Planning Authority in Scotl

by Plantosucceed » Mon Aug 20, 2012 10:34 am

Thank you.

The point I am trying to understand is consistency - that our neighbour has been granted permission after our build has been complete, whilst we were refused on the basis that our roof was too high although lower than our house and theirs is higher still.

Kind regards,

welsh brickie
Project Manager
Project Manager
Posts: 2610
Joined: Sat Apr 12, 2008 8:54 am

Re: Advice on Appeals with Local Planning Authority in Scotl

by welsh brickie » Mon Aug 20, 2012 5:26 pm

trust me planning authorities are anything but consistant

Plantosucceed
Labourer
Labourer
Posts: 3
Joined: Sat Aug 18, 2012 9:12 pm

Re: Advice on Appeals with Local Planning Authority in Scotl

by Plantosucceed » Tue Aug 21, 2012 3:41 pm

I feel this sad fact could be true. Wonder what we could do to bring these inconsistencies to light - some sort of social voting/complaints platform?

5 posts   •   Page 1 of 1