Planning conditions and material amendments

[Greenfingaz]

Hi Everyone.

Having had a read through this forum, I am aware that non-material, minor and material amendments are decided at the discretion of the LPA, however I wonder if anyone can give their opinion on what the following changes may constitute.

The situation is that the neighbouring property had permission to convert a house in to 2 flats(one up, one down). Conditions were attached stating that the plans in the final revision had to be followed precisely.

What is happening now is that the neighbour is adding ensuite bathrooms along the party wall and has lowered the ceilings (ground and first floor) in order to add a further room in the loft (duplex perhaps). The staircase is also going to be shorter and steeper due to ceiling height changes.

I am not 100% sure but if these changes are being made, they would be considerably different from the permission granted so would be classed as "material amendments"

I'd appreciate any opinions on this.

Thanks in advance

Dave

 

[freddiemercurystwin]

The only thing they may be interested in is the additional bedroom.

 

[^woody^]

But the additional bedroom can be done under PD, so unless it's expressly prevented by the permission, then it's not a deviation from the plans.

 

[motorbiking]

We changed our roof on a single story extension from 15 degree slope to a 22 degree slope with a 800mm flat section as we struggled to get tiles that would work at 15 degrees with our roof windows. Full re-application required. They didn't charge us again though.

 

[Greenfingaz]

Thanks for the replies everyone. It's been pointed out to me by my wife that actually, the property is being converted from 2 flats to 3 flats so I assume PD would not apply as it is not one house? As my house is identical in terms of roof height, they'd need to add a dormer of some kind unless they plan to access the loft space/room with a ladder

Wouldn't additional en-suites and possibly an extra floor amount to material amendments as they are not in the specific drawings with conditions attached?

 

[^woody^]

Wouldn't additional en-suites and possibly an extra floor amount to material amendments

No, they are not planning issues

 

[Greenfingaz]

Why would they not be planning issues if they did not have permission to create a duplex flat via a loft conversion? I think but am not sure that loft conversions for flats need planning permission.

 

[^woody^]

You dont need planning permission to form a bathroom nor make a room within the existing internal space

 

[Greenfingaz]

Hi Woody. Thanks for all your replies so far.

I understand that in normal situations you don't need permission to reconfiguire internally, but these flats are being rebuilt from scratch, and if conditions are attached to the planning permission by the government inspectorate, implying that you are to build what is in the drawings (and not add extra bathrooms etc.) surely that is a breach which enforcement would need to look in to?

 

[Nakajo]

Well, not if the change didn't require Planning Permission.

 

[motorbiking]

Permitted development doesn't apply to flats. If you think they are breaching the planning conditions then call the local planning enforcer. They wont take enforcement action if there is a realistic chance that what they are doing would be approved if they'd applied, but they will invite them to apply.

 

[Nakajo]

Work to a building isn't necessarily 'development', permitted or otherwise.

 

[motorbiking]

splitting a dwelling that is approved to be split from 1 to 2, now 1 to 3, will likely need permission. When they come to register the address for services etc. the planning dept will check they had planning to do it. If they need new planning any objection can only be on the revision not the original plans.

 

[^woody^]

They can do the loft conversion under PD or just do it if no PD is involved, before they enact the planning permission.

 

[motorbiking]

And then register it as 3 dwellings instead of 2?