Possible Planning Permission problem

[Greenie9657]

Hi all,

My sis has had a single storey extension built on the rear of the house which is 4 meters in length by 2 (ish) wide. At the time, the building inspector said that planning permission wasn't required but now they have come to sell the house, solicitors from the buyers have asked for proof that permission existed.

Having read through the planning portal it clearly states that single storey extensions more than 3 meters in length do indeed require planning permission.

Could anyone clarify and also if they do need permission, what are the options? (hopefully not knocking it down!)

This has really thrown a spanner in the works and hopefully it isn't going to end up a valuable lessoned learnt.

Thanks in advance,

 

[Greenie9657]

I have just read about retrospective planning permission which the council will grant as long as it hasn't been refused before, which it hasn't.

Has anyone got any experience with this too?

 

[tony1851]

This is yet another post highlighting the stupidity of some conveyancing solicitors when pronouncing on Planning matters.

Assuming the extension is no wider than the house, does not project more than 3m rearwards, is not more than 4m high at the highest point, and not more than 3m high at the eaves, it is permitted development and would not have needed planning permission.

(there are a number of other qualifications, which are relatively rare, though).

 

[SimonH2]

... does not project more than 3m rearwards ...

The OP said

... which is 4 meters in length ...

The key thing though is the time limit on the council taking any action.

 

[tony1851]

By length, I took him to mean width, as an extension going out 4m rearwards, but only 2m wide, would be daft.
But I might be wrong....? lets see what he comes up with.

And yes, if it's been up > 4years, nothing the council can do anyway, whether it needed p.p. or not.

 

[Greenie9657]

thanks for your replies.

It is those measurements. That was the problem that the extension does protrude more than the 3 meters stated. It doesn't look daft though. It had been made into a play room for the kids.

Anyway, what can be done now it is up? It came from the building inspector that no planning was required and also why didn't the builders say anything?

 

[tony1851]

OK, so how long has it been up?

(BTW, the building inspector won't necessarily be clued up on planning matters, and as for the builder, even if he knew, it wouldn't be in his interest to let on.)

 

[Greenie9657]

it was started at the back end of 2013 but finally finished in 2014. May time.

 

[tony1851]

In that case, the only recourse is to apply for retrospective planning permission.

 

[Greenie9657]

In that case, the only recourse is to apply for retrospective planning permission.

Thank s for your help Tony,

What are the chances of getting it? Planning has never been refused, its not interfering with neighbours or anything like that. Its just a honest mistake that they were mislead in thinking they didn't need planning.

Is retrospectively planning applied for in the same manner? And how much does it cost (roughly)

How likely is it to be granted?

 

[^woody^]

"It was done under the new rules allowing extensions up to 6m" is the answer to the solicitor's question

 

[tony1851]

You would need to get some drawings done first - you can do them yourself if you use cad. They don't have to be too detailed, just show the elevations and a plan.

If you can't draw, look up a tech. in the local rag.

There's a 6-page form to fill in, though most questions are simple.

You'll need a location plan showing the site in relation to the surrounding streets and properties ( there will probably be one with the house papers).

The council fee for dealing with this is currently £172.

The process should take about 8 weeks. As for the chances, who knows - depends on your council's published policy guidelines, and of course the personal opinion of the planning officer who will get to deal with it.

Try and get him/her on board, say it's a genuine oversight, try and get an OK from the neighbour, and generally eat a bit of umble pie.

 

[tony1851]

"It was done under the new rules allowing extensions up to 6m" is the answer to the solicitor's question

Good but sly; what if he was asked to produce the confirmation?

 

[Greenie9657]

"It was done under the new rules allowing extensions up to 6m" is the answer to the solicitor's question

new rules? is there a loop hole I can try and work some magic for them?

 

[^woody^]

You say that the extension was built under Permitted Development. This might be enough.

If they query this in terms of the depth out from the house, then you say that it was built under the amended Permitted Development rules under the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 which allowed deeper extensions. And then play dumb, as that's all you know.

The problem is that this new rule would require prior notification to the council, which you won't have done. Hence playing dumb.

If that don't work, then you apply for a certificate of lawfulness. No need to apply for full planning permission.