John Bradley Associates Architecture Practice based in Shipston On Stour

Being on the receiving end of enforcement action can potentially be very stressful. We pride ourselves on being able to deal with such situations effectively and professionally whilst at all times doing whatever we can to minimise the pressure on our client. Our experience in working with local authorities means that we are able to offer sound advice on how to formalise a development, and if necessary we will enter into negotiations with the local authority to minimise disruption and find the most cost effective solution for our client.

Case Study 1.

Our client had been poorly advised by a previous agent. After a considerable amount of redesign over a protracted period (20 months); discussion and negotiation with the local planning authority and English Heritage, a solution was found that was acceptable to all parties.

The works entailed the re-instatement of four queen post trusses within a Grade II Listed barn that had been severed during the conversion to a dwelling. This is a criminal offence without formal consent to do so. Our client successfully sued the former advisor and was awarded several hundred thousand pounds in costs and damages. The remedial works have been completed under budget and within the contract period.

Case Study 2.

During the course of conversion works of a Listed barn, a dormer window was installed that was specifically excluded from the listed building consent. We brought this to our client’s attention and we were asked to review all the various planning permissions and listed building consents that the previous agent had obtained. Our client immediately requested that we address the situation. We invited the conservation officer and enforcement officer to a meeting to view the property and agree a scheme of remedial works that was acceptable to all concerned. Remedial work has since been satisfactorily completed.

Case Study 3.

Our client was in the process of selling his listed property and requested copies of the various planning permissions and listed building consents that his former agent had obtained. Having reviewed the copy documents it became apparent that conditions attached to the consents had not been fully discharged. Although the extension work had been completed we were successful in submitting details to retrospectively discharge the conditions and formalise the listed building consent.

Additionally, having looked at the listed building consent, it was clear to us that the staircase and landing could not be located as indicated in the approved documents. This would have entailed severing the bottom chord of a queen post truss, a criminal offence, and the removal of a structural tie beam connected to a flying purlin. A solution was found that met the requirement for a staircase to the roof space without compromising the structural integrity of the building.

These are three examples out of many, where we have assisted clients facing the prospect of enforcement action. If legal assistance is required, we are able to instruct barristers direct under the Licensed Access Protocol (formally Direct Professional Access). This negates the requirement to instruct a solicitor, in many instances.