Planners not fulfilling planning

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shivvy01

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We have just noticed that planning permission stated that the county council granted planning bases on 16 conditions. One of the 16 conditions stated a wall to be built around all our houses. This wasn't done and wooden panel were put in there place. It's costing us a fortune to keep replacing the fences. The houses were built in 2006. My question is who is liable to pay? Are they obligated to fulfill this planning? Am I too late in spotting this? Are the council also answerable for not ensuring builders do as there are told? One condition stated the houses weren't to be sold til all was completed. I'm hoping something can be done cause the money we are paying out is too much. Thanks in advance for any help you can give me.
 
Did the planning condition state what kind of wall?

A wooden fence could be considered a wall
 
Yes, it did. It said 3m block wall. I'm just wondering if we can do anything now or has too much time passed.
 
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The time period for enforcement action has long lapsed, that window closes after ~12.5 years from the date permission was granted.
 
Does the developer not have to lodge a bond with the Planning authority? I thought this bond isn't to be released until all works are completed in accordance with the grant of planning?
 
Peanuts said:
I thought this bond isn't to be released until all works are completed in accordance with the grant of planning?
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The LAs are more concerned about utilities and shared public spaces in assessing whether to release the bond, as its purpose is to protect them from having to pay to complete those works. Even if they looked at the fence, they may have felt that was 'substantially in compliance', or just not of concern to them to go down the enforcement route.
 
Peanuts said:
Does the developer not have to lodge a bond with the Planning authority? I thought this bond isn't to be released until all works are completed in accordance with the grant of planning?
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Yes, they put a bond that isn't enough to cover building the wall. The council said its not even enough to cover what needs to be completed so they can take over. The council are going to spend the bond. I just wanted to see are the council liable cause they write conditions of planning and they weren't enforced. Pity we didn't notice that in the plans. We only found out a few weeks ago.
Leo said:
The LAs are more concerned about utilities and shared public spaces in assessing whether to release the bond, as its purpose is to protect them from having to pay to complete those works. Even if they looked at the fence, they may have felt that was 'substantially in compliance', or just not of concern to them to go down the enforcement route.
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Thanks for your help
 
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shivvy01 said:
The council are going to spend the bond. I just wanted to see are the council liable cause they write conditions of planning and they weren't enforced.
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Probably just a choice of words thing, but the council are not liable here. If it were still inside the enforcement period, liability would fall with the current owners and the owner of any common areas bounded by the fences that were supposed to be walls.
 
You might find that the planning was an outer wall of the group of houses should be 3m. Eg, the outer wall of the first and last house.

I would find it highly unusual for a 3m wall of any type to be between two houses in the midst of a row of houses. Usually a 2m high divide is sufficient.
 
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Ya your right. That was a typo. I meant to write 1.8m wall on the outer parameter and in-between each house.
 
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