Kob Construction seeks damages after drawings for Uxbridge development failed to match planning permission

An architect is facing a negligence claim after designing a building which failed to comply with planning consent.

Kob Construction accuses architect William Macleod of failing to produce construction drawings which matched planning permission for a new building of six two-bedroomed flats in Uxbridge.

He failed to incorporate a downward step in the ridge line and instead showed a single continuous roof line, according to a High Court writ.

Now the construction company is demanding damages of more than £600,000 from Macleod.

The planning authority, Hillingdon, noticed deviations from the plans in January 2009, and asked Kob to alter the building, while allowing it to seek planning consent for the changes.

Kob’s application for planning consent for the building, as built, was refused on appeal, but it was given permission to change to building by adding a downward step it the roofline, and putting in an extra chimney.

Costs of changing the building amount to more than £118,000, while Kob is also seeking lost profits of £360,000 while its capital is tied up, interest, professional and other fees of more than £141,000, and loss of capital value as it has been unable to sell the flats as property prices tumble.

The delay in sale is likely to led to a substantial reduction in the prices obtained, but cannot be quantified at the moment, the writ says.

The Pinner based company accuses Macleod, of Northwood, Middlesex, of negligence and breach of contract.

His plans did not conform to the approved plans or planning consent, and he did not take care to identify and get copies of the approved drawings referred to in the planning consent, and take note of their contents, it is claimed.

According to the writ the main roof should have included a downward step of 525mm but did not.