Can a Parish Council object to a planning application based on Building Regulations matters.

Question

A planning application for a two storey front extension was refused by the LPA but allowed on appeal since when the adjoining owner has been vexatious in the extreme. To comply with the Building Regulations a high level window was replaced with a vertical one as a means of escape and this was shown as being obscure glazed with a restrictor limiting its opening to 100mm except in the case of a fire. The neighbour, as is their right, raised it with Planning Enforcement and the LPA requested and is currently considering a Non-Material Amendment application. In their comment to the LPA the neighbour has raised the matter of overlooking and loss of privacy which are valid grounds, although neither actually exist because of the design. They also raised numerous Building Control issues.
The local Parish Council originally raised no objection but has subsequently been provided with correspondence by the neighbour which came from the Building Control Surveyor and now object to the application on the grounds that they feel the fire escape provisions are inadequate.

Is it not beyond the legal remit of a Parish Council to request a refusal on such grounds?

Answer 1

The PC's duty is to comment on planning applications alone. This they should do based entirely on planning law and any added local knowledge that planners may not be aware of. Building regulations may not be part of the consultation process of planning but under building control department usually after planning permission has been granted. Anyone including the PC can raise awareness to either department of any observed infringements of either planning or building regs

Answer 2

In a word no. Once planning consent has been granted, with or without an appeal, there is no means for an objection to trigger a suspension of consent and re appraisal of the application. What you can do however is report a suspected breach of planning conditions to the Local planning authority.  If building consent has been sought, it should not be given until Building control has inspected and approved the work.