The Observer
Cash 25.08.19 61Anna Tims
Your
problems
We started work on a loft conver-
sion in May last year. The standard
L-shaped dormer came under per-
mitted development rights which
do not require planning permis-
sion. But when the work began we
applied for an optional certifi cate of
lawfulness from Lambeth council.
It didn’t review our application until
September, when it was rejected.
It turned out that the planning
department had unilaterally rein-
terpreted the rules in August 2018
without notifying residents, build-
ers or architects. L-shaped dor-
mers are now no longer considered
a permitted development , although
they are in other London boroughs.
Six weeks later, we were served an
enforcement notice.
The government’s guidance
states that certifi cates of lawfulness
are optional and many builders
don’t bother to apply. This means
there may now be hundreds of “ille-
gal” lofts in Lambeth.
If a council can change the rules
overnight without notifi cation, it
creates a trap for builders and, by
interpreting the rules differently,
defeats the purpose of permitted
development legislation.
BS, LondonPermitted development rules were
intended to free small projects fromred tape. They have proved conten-
tious, partly because of how poorly
they were drafted.
However, the guidance issued
by the government seems clear
that L-shaped dormers are permit-
ted and, at the time you submitted
your application, Lambeth council
accepted this.
In a letter to you it stated that an
application for a certifi cate of law-
fulness is not an application for
planning permission, but is to estab-
lish whether works were lawful at
the time the application was made.
Which they were. However,
Lambeth seemed intent on apply-
ing its new rules retrospectively,
saying: “The council’s approach has
been dictated by appeal decisions
since the summer of 2018, which
have shown government planning
inspectors have, in the main, not
been recognising most L-shaped
dormers as falling within permitted
development. The council is mindful
that some of the proposals recently
refused will likely be appealed and
is awaiting the outcome as a guide
to dealing with such proposals
going forward.”
The Ministry for Housing,
Communities and Local
Government merely says:
“Interpretation of permitted rights
is a matter for the local planning
authority in the fi rst instance. An
applicant can appeal where it con-siders the authority has not inter-
preted the rights correctly.”
You have since done so and won,
but it has left you £5,000 out of
pocket. The court refused to award
you costs because it decided it was
reasonable for the council to review
its approach following a series of
appeal decisions.
Your experience suggests the
law is a shambles. Anyone consid-
ering extending their home would
be wise to apply for a certifi cate
before starting work because, it
seems, neither council nor govern-
ment can agree on what the rules
really mean.Losing energy in the
fi ght with Solarplicity
I have been experiencing a total
nightmare with Solarplicity since
March after quitting my contract. It
owes me about £100 and I’ve called
over 40 times over fi ve months to be
told I will hear within seven days.
I get an automatic reply to emails
saying I will hear within fi ve days,
but I never get a response.
PM, LondonIn June 2018 I changed from SSE
to Solarplicity. Two months later
I realised I was also still paying
SSE. Solarplicity had transferred
someone else’s account and deb-ited £310. Eventually, in January
I was refunded £211 but I’m still
owed £99. The Ombudsman ruled
this should be paid along with £50
compensation. In May the company
promised to pay – the compensa-
tion arrived but not the £99.
JM, Aboyne, AberdeenshireWithin days of receiving your let-
ters, Solarplicity went into adminis-
tration, the latest in a series of small
suppliers to go bust over the last two
years. The company had become
notorious for its poor customer ser-
vice and fi nished bottom of the 2019
Which? customer satisfaction survey
for energy.
Last week EDF was appointed by
the regulator Ofgem to take over the
fi rm’s customers. It has undertaken
to refund any outstanding credit,
but this could take months.
Gillian Guy, chief executive of
Citizens Advice, says: “Customers
should take meter readings and
avoid switching right now as they
may risk losing any refunds they
might be entitled to.”If you need help email Anna Tims at
[email protected] or
write to Your Problems, The Observer,
Kings Place, 90 York Way, London N1
9GU. Include an address and phone
number. Publication are subject to
our terms and conditions: see http://
gu.com/letters-termsLoft conversion fell foul of
sudden change of rules