To object to the removal of Permitted Development or Not?

[Centro]

Hi Everybody …. Im a new member but have been reading the forum for some time now and gained some great information and advice and now I am just about to finally start my Self Build Home.

A little bit of background first:-
I purchased a brown field site set in Green belt land in-between 3 houses. This site has been used as builders merchants site for over 50 years and was a horrible blot for the other members of the road.

I got outlined planning for a new house and have been working with the planning now for over a year to finally resolve all of their objections and concerns and I feel we are there now and we are set for the planning committee this month.

The application will go before the committee and has been marked for “Approval subject to conditions” as always???

I agree with all of the conditions but they have also indicated that the removal of Permitted development.

Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) Order 1995 (as amended), no development within Schedule 2, Part 1, A, B, E
and F shall be carried out to the houses hereby approved, without the prior approval of a
planning application.

Reason: To enable the Local Planning Authority to retain effective control over the site to
protect the amenities of the area and the Green Belt.

As I have indicated that I will be speaking at the meeting…. My question is “Should I object to the removal of Permitted development or not?”

As far as I know, conditions that withdraw permitted development rights should only be imposed in “exceptional circumstances”. These might be to preserve openness of the Green belt which would or could be a circumstance, justifying in this case the withdrawel fo permitted rights for some of the development within the cartilage. However they have also said that the development would “IMPROVE the openness of the Green Belt and increase green areas and remove the hard standing areas which was currently used for brick and other material storage.
There is as I can see no national policy either in PPG2 or the GPDO that applies such an approach in the green belt.

So what to do??? Do I agree and move forward or object to the committee ?

I have been told that potentially the removal of Permitted Development may reduce the value of my home by some 10% in future years…. I am not to bothered about this as I am building this to live in with my family but it may be an issue later.

Any thoughts would be most helpful.

Thanks
Tony

 

[freddiemercurystwin]

I would get the approval under your belt before you go stirring it up. Removal of PD rights is very standard for any new build house be it a one-off or a Wimpey house. As you say you've taken an age to get them to a point whereby they will support your application, they're hardly likely to allow you stick some hideous (in their eyes) extension on it a month after its built are they?

Very often permission will be granted anyway for reasonable applications anyway such as conservatories or garden sheds for example. they just want to see it before you do it. but a loft conversion with a rear dormer maybe not.

Is it a very conventional looking house or something a bit leftfield?

 

[Centro]

Hi Freddy

Yes its very conventional but I have gone as Eco and Carbon Free as possible ie Air source heat pumps, PV Cells, Rainwater Harvesting, MVAC, large cavity Code 4/5 and also Lift time homes.

Think your right.... Lets agree and move on and then if I want to do anything in the future I will apply.

My only concern is that even the smallest thing I will need to apply for planning.... Will this incur a planning application fee as this would normally be covered by Permitted Development?

Thanks
Tony

 

[freddiemercurystwin]

No, no fee if it is a simple removal of PD rights condition.

 

[tony1851]

@ OP; would withdrawal of p.d. rights really reduce the value of the house by 10%?

 

[Centro]

Hi Tony

I read that this "could" effect the price of your house in the future??

There are further amendments to the PD due in March/April which I hear are giving more rights to householders...

I am just concerned that by giving them up now it might effect the future.

 

[LukeB123]

Yep, the planning applications you would need to apply for, for the permitted development elements would be free. As said it's to "control development", as there are some fairly horrendous things you can do under permitted development.

Good development should be okay as long as thers no harm.

 

[Centro]

Hi Luke,

So just to be sure.... If I wanted an extension which fell into PD but as mine had been removed I could still apply to the council Free Of Charge?

All normal planning applications which fall out of PD the normal fee would be applicable?

I agree with you on your point of some permitted developments being horrendous and I would only do things which would benefit the area and my house appeal and use.

This is a long term project for me and my family so making sure everything is right.

 

[freddiemercurystwin]

Yes all free provided its a straightforward removal of PD rights condition. Anything that was ordinarily outside of PD would still require a fee. as mentioned its a very standard condition for a new build.

 

[tony1851]

I am just concerned that by giving them up now it might effect the future.

You are at liberty to appeal to the Planning Inspectorate any condition on a planning permission notice, but you must do so within a strict time limit ( I think 12 weeks).

Whether or not you would succeed is a moot point. It might be difficult to justify allowing pd extensions in the Green Belt.

 

[Centro]

Hi All

Thanks for your comments they are most helpful.

I just want to be clear, I'm happy to have this condition as it shows I want to work with the planners in any future changes and also by keep the green belt open.

But I do disagree with comments that it would be impossible to keep PD on a new build in green belt as this is a brown field site and has full justification for re develpment. As I have said I can find in no nation or local framework that shows the removal of PD justified without exceptional circumstances.

Thanks again
Tony