Loft/Garage Conversion

[Polstar]

Hello all,

I am looking at becoming involved with a builder (i am an architectural technician) to design loft and garage conversions. Is there a simple way to find out whether PD rights are intact for a dwelling? I guess i will need to go to LA and ask them for each property?

Eddy

 

[freddiemercurystwin]

Hello all,

I am looking at becoming involved with a builder (i am an architectural technician) to design loft and garage conversions. Is there a simple way to find out whether PD rights are intact for a dwelling? I guess i will need to go to LA and ask them for each property?

Eddy

Yes this is the easiest way. Generally they (Planning) are co-operative and it is is a simple question and answer process however ocasionally it can be a trial!

Sometimes (depending on the LA in question and the extent of their online records) you can find the information on their system.

 

[Polstar]

do you know where/how to find that on their website? In my experience, they aren't overly helpful! Newcastle upon Tyne (my area) especially!

Would it just be a question of "does this property have permitted development rights intact?"

Am i also correct that usually, even if PD have been removed, an application is free (for loft/garage conversions)?

Thanks for your response.

 

[freddiemercurystwin]

It depends on your local authority, some have a property search which gives detailed information on a property some just list recent applications. Look for the online planning applications section of their website. Yes asking that will (or should) get the correct response although some authority's now will not talk to agents over the phone (joy).

You don't need to apply for any permission if its within PD, that's the whole point of PD! That said it can be worth applying for a Lawful Development Certificate in certain cases of which yo do have to pay and the information required for submission is for all intensive purposes the same as a planning application. If the PD rights have been removed then you may or may not be charged, it depends on the authority in my experience.

No offence but I think you need to start reading up on the legal and applications etc side of things if you're gonna be advising builders/clients direct. Forums can only take you so far.

 

[DevilDamo]

Similar to what FMT has said. I have this on a daily basis.

Your easiest option would be to approach the LPA and ask the question. Worse case is they'll ask you to submit a LDC/CoL. But this is what annoys me... if you had suspicions PD rights had been removed, why would you bother in going down the LDC/CoL route. You may as well just submit a planning application to be on the safe side.

 

[^woody^]

... and ask the question. Worse case is they'll ask you to submit a LDC/Co ..... You may as well just submit a planning application to be on the safe side.

No, if you ask the question "Are PD rights removed from this property?" then they should answer it. No need for anything except a simple phone call

The easiest way to tell is .. if the property is a new development since the mid 80's then it may have rights removed, likewise if in a conservation area. Otherwise chances are slim - a council can not remove rights willy-nilly

 

[DevilDamo]

No, if you ask the question "Are PD rights removed from this property?" then they should answer it. No need for anything except a simple phone call

What do you mean no? Can you can confirm all LPA's will do that for you!?! I deal with this on a daily basis and no... not all are that helpful! Some, but not all!

 

[^woody^]

Anyone can phone up or visit to check the planning history and conditions for any property

 

[paulf1976]

Planning information is in the public domain so it would unwise for an LPA not to be transparent about the information they hold. It would be revealed under EIR at no cost and most LA's would prefer not to be swamped with EIR requests.

You could remind them of this when you speak to them. Failing that you could speak to your local councillor as I'm sure they could rattle a few cages for you!

 

[freddiemercurystwin]

This is interesting ^woody^ you may recall my very recent thread whereby one of my LA's told me they now would not now answer agent queries over the phone only by email with the inevitable 21 days response time, are you saying they are not allowed to do so?

 

[^woody^]

There are differences between "Can I do this" or "is this proposed work permitted development" type questions, which may take up officers time and so require formal requests or a nominal payment, and "What is the planning history, (or restrictions) of this address" which is just reading off notes on a computer screen

 

[freddiemercurystwin]

"What is the planning history, (or restrictions) of this address" which is just reading off notes on a computer screen

So I asked this particular LA the simple singular question whether a certain property "retainied its full PD rights or not" and they replied with the response that they no longer were able to answer such queries from agents over the phone ....

 

[DevilDamo]

Exactly what I've had and continue to have FMT hence bringing up Woody's post. In some cases, not all the information is on the screen and so they have to dig deeper.

What I had was... I phoned up the LPA and asked whether a property had PD rights. They asked me to write in the way of "pre-application" advice. I did that, waited approx. 14 days and received a reply stating I need to submit a CoL. I told them I wouldn't do that if I knew PD rights had been removed, but they said they couldn't deal with any PD enquiries any other way. We were quite confident PD rights were still in place, so we proceeded only for it to be refused on the grounds that PD rights had been removed. Thanks

 

[^woody^]

So, lets say I did a conveyance search on a property at your council.

Would they then ask me to submit a "pre-application" planning advice form, and wait 14 days and then ask me to submit an application for something nothing to do with what I was asking about in the first place?