Rear extension under PD for parents property

[ey143]

Am I right in thinking that if my parents want to do a simple rear extension to their 4 bed semi-detached house (4th room is a loft room), that we can simply start this straight away without approaching the council as long as we stick to the limits of 3m in depth, max 3m at the eaves and circa. 5m in width so that we dont go past the side flank wall where we have a shared drive?

We are not in a conservation or designated land area.

If the answer to the above is yes, is it still advisable to approach the council for a certificate of lawful development? We have new neighbours moving in soon (on the shared drive side) so I want to start this work asap before they move to avoid dirt and inconvenience to them with builders etc.

Also, if my other neighbour already has a rear extension, and we are to leave a small gap (party wall etc), how do the builders build a cavity and also do both sides of the brick work and insulation given that you cannot walk around it due to the neighbour's flank extension wall?

Thanks.

 

[Nakajo]

Remember that a previous planning permission may have suspended PD rights on the property, so good to check that but othersie, on the basis of the information provided, yes, you're good to go.

It's not usually worthwhile getting a LDC unless insurers/conveyors insist upon it.

 

[ey143]

Hi

My parents have lived in the house since the 1970s, and the only planning application we put in, was actually for a certificate of lawful development for the loft extension in 2000. We are confident that there is no suspension of PD rights.

What exactly is the certificate of lawful development for, am I right in thinking that it just to ensure that the council will confirm that your proposed development under PD is valid? To get a certificate, will it require plans or can it be just descriptive?

 

[Nakajo]

Now, that's a really good question

 

[napoleondynamite]

Most councils will require full drawings for an LDC application and you would then need to build out in strict accordance to ensure that what is built actually has an LDC.

Note the simple PD extension limit is 3 metres, but you can go up to 6 metres by applying for prior approval which is a neighbour consultation process.

 

[tony1851]

What exactly is the certificate of lawful development for,

Its purpose is solely to provide additional fee income for the council.

If something is permitted development, it's permitted development - we don't need to pay the council to tell us.

 

[Nakajo]

I agree. In the case of PD, it would seem to serve no purpose.

 

[u587162]

Most councils will require full drawings for an LDC application and you would then need to build out in strict accordance to ensure that what is built actually has an LDC.

Note the simple PD extension limit is 3 metres, but you can go up to 6 metres by applying for prior approval which is a neighbour consultation process.

So theoretically speaking, let's say you were building an outbuilding in the middle of your garden, 7x5m, and it met all the PD conditions about distance from boundary and overall height etc, let's say you then obtain a LDC certificates but then end up only building a 3x5m outbuilding, are you saying that your now smaller development has now breached the LDC rendering it useless?

Theoretically nobody can do anything about it though still right, because it's still PD. what's the worst that can happen if you build something smaller OR not in compliance with the LDC but still regarded as PD had you not applied for the certificate?

Finally if something is PD and the householder doesn't require a LDC and therefore doesn't get plans drawn up, what then for the building regs guy - won't he need plans if the development is such that foundations and drains etc need to be built or moved?

 

[tony1851]

[breached the LDC rendering it useless?

As stated before, a LDC is essentially useless, so it can't be made any more useless.

It's really only so that conveyancing solicitors (who should - but rarely do - know anything about planning law) can cover their backs.

Quite why, I've no idea because surely they can read, like most of us. Or perhaps it's just that they are lazy and couldn't be bothered to read the rules.


With regard to Building Regulations, you can build under the Building Notice system, which does not require plans.

 

[freddiemercurystwin]

Quite why, I've no idea because surely they can read, like most of us. Or perhaps it's just that they are lazy and couldn't be bothered to read the rules.

So how far does their responsibility go? You, me and many on here know how many grey areas there are in PD and often there is debate as to what is or isn't PD and even LA's don't have a clue half the time. Yet you expect solicitors to know 100%? They do have their uses.

 

[u587162]

[breached the LDC rendering it useless?

With regard to Building Regulations, you can build under the Building Notice system, which does not require plans.

Just a follow on question from this - if we build an outbuilding to essentially be a shed / storage of some sort (7 x 3m brick type), when the PD rules refer to match existing materials, given that this will be at the bottom of the garden not connected to the house, can we choose to have a rendered outbuilding since there are no existing materials, or am I required to match the brick materials of the main house?

Finally, is it true you cannot apply for a Building Notice system for building regs if I have to move my rear drain / sewer and go down the route of then supplying full plans to building regs?

Thanks again Tony.

 

[tony1851]

The same-materials thing doesn't apply to curtilage buildings - only to extensions of the house itself.

Not sure about the drains bit, but just do it under Building Notice and cross that bridge if you get to it.