by tony.g »
Fri Dec 16, 2011 6:37 pm
It is not a criminal offence to go over the permitted development limit as you have done. The only sanction the council has is one of enforcement. However, Planning Authorities are constrained by government guidelines as to the circumstances in which they can issue enforcement notices. The relevant document is PPG 18. Googgle this and the document will come up. On page 2, it clearly states that; "it is usually inappropriate to take formal enforcement action against a trivial or technical breach...which causes no harm to amenity".
At 130mm, I think it would be easy to claim this is a trivial breach. Suggest to the relevant official that you have taken advice on this and that you will not be reducing the extension. My guess is that the council will drop the matter because, if they proceeded on this basis and lost the appeal (which they probably would do for such a trivial breach) then they would be liable for your/your client's costs of arranging the appeal. They therefore have to think very carefully before doing this. I have found from experienc ethat junior planning officers like to throw their weight around and threaten all sorts of dire consequences, but the final decision to take proceedings is never theirs. Don't alter it and don't loose any sleep on it.
