fraudulent planning permission Post Reply

[meandmyshadows]

Hi everyone

Hoping I could get some thoughts on this as this situation quite odd. Sorry for the long post and thanks in advance for reading:)

We purchased a new build leasehold maisonette last year and are happily living in it. The developer and landowner who owns the land our property is on also owns the land that is the alleyway next to our property. Because this is a new build and they had been storing odds and ends (ladder, paint, a few bricks) in the alleyway. We thought that once they have completed all touch ups for the 3 units in our building they would move the materials out and this would be a normal alleyway.

Before we knew it, they had brought more and more building materials to store in the alleyway then put up a wall and padlocked door in front of it. After several weeks, they put up a shelter between the house next to our building and our external wall and started storing electrical appliances and more building materials, some of which are a fire hazard. We made a complaint to the council as they were now in violation as they had no commercial planning permission and the disturbance of them bringing things in and out was getting bad (not to mention the hazardous materials they were storing and the mess it is in). The council started a case and told us they would give them 2 weeks to take down the illegal structure and remove all building materials. Of course, they did not. The man on the case did not progress the case to start legal prosecution after the 2 week period and basically did not follow the process to enforce taking down the shelter. After 5 weeks, we asked the council to please take further action, only to find out that a residential planning permission had been lodged for this alleyway. The council man said that because this planning permission had been lodged, he could no longer take enforcement action. This planning permission is for an extension to OUR maisonnette for a playroom/study with access via the lightwell of our ensuite (which has a garden fence but leads out to this alleyway). The plan states that there would be no access via the front (as they currently have right now) and there would be a brick facade). They are trying to request and extension to OUR property without our consent!!! We have since objected in writing (donkey post) but per Wandsworth's online system, it says there are no objections.

My question is ...is anyone just allowed to put in planning permission for anyone else's property? Surely this can't be?! Do you think there is collusion between the council caseworker and the developer? The timing all looks too coincidental. If there is suspected foulplay, how should we escalate this? We would love a study but clearly this is not for our use but for storing their commercial junk and this planning permission is fraudulent. Other than putting in objections everywhere, how can we put a stop to this?

Thanks in advance for your thoughts.

[Roxron]

This sounds like a complete nightmare.
Just wanted to ask though why you think it's your land? Is it outlined as yours on the lease? If it is then obviously you have a solid case but if it's a common part then in theory the freeholder owns it.

[meandmyshadows]

No, it's not our land, it is our property though (the building bit on the land). They can do what they want residentially with their bit of the alleyway land...as long as they have a permit for it and it doesn't require going through our home!

[Roxron]

Sorry have just re read your original post and understand it better now!
I cannot understand how they could ever think they'd get away with this. When did you write to the council and do you have a copy of your letter? I would be inclined to copy it into an email as a back up. Could you also request a meeting with the planning department? Surely you must have to prove yourself as the owner of a property before planning consent can be given.

[Earlsfieldgirl]

I have sent you a PM

[meandmyshadows]

Thanks for your PM Earlsfield girl, just sent a response. Really helpful. x

[Georgie001]

What a nightmare. I hope earlsfieldgirl helped you. Just thought I would clarify that anyone can apply for planning permission for anywhere, whether they own it or not. So yes, even if you own the land they can still apply. But if the application is successful and you own the land they cannot build. The key here is ownership. I know this appears senseless. Why would someone apply for planning on something they don't own, but sometimes it is how developers assess the likelihood of planning before they commit to buy. It is an expensive gamble. I am confused as you say they own the land, and if they do they you are likely to have a problem, especially as he is a developer so probably knows what he is doing. It seems unfair but if you don't own the land you will have your work cut out. Sorry to be the bearer of bad news.

[meandmyshadows]

Thanks for your response, Georgie. I can see your point about land ownership and developers being able to get planning permission prior to investing. In this case, however 1. the planning permission should have been applied for prior to selling our leasehold flat to us if it's truly to cover their investment 2. there is already an illegal shed there and the developer is using this planning application to cover up their commercial storage 3. if the application is for something that is not indicative of intended purpose, hopefully the council will be able to see through that via objections and throw out bogus applications. Developers should not be able to use residential land commercially and put those who live in the vicinity in danger of their hazmat that's probably stored in an uninsured manner. I just wonder how we can help the council to see through this ridiculousness and in this case appeal for their protection as residents...

[Lovingsleep]

If this planning application gets approved they might alter it to have an outside/ street entrance. And also re-apply to increase the size.

[auntieplanty]

This is awful! I suggest that before you go off to find a lawyer that you put a call in to Verconica Congden - an architect - who is extremely well versed in Planning laws, and the do's and don'ts.

07984 069 145
http://www.veronicacongdondesign.co.uk

Good luck, and tell her that Auntie Planty sent you!

[meandmyshadows]

So true, Lovingsleep.
Thanks for referring an expert AuntiePlanty! We're taking all the help we can get.

[atbattersea]

meandmyshadows, Georgie001 is only giving you an example as to why anyone can apply for planning permission on any property, they don't need to have any connection to the property. For example, I could apply for planning permission relating to your property, or you could apply for planning permission relating to Buckingham Palace - no real connection to the property is needed.