Permitted development procedure

[Dickyvespa]

Hi. I apologise in advance for my lack of knowledge and thanks for any forthcoming advice!

Ive read quite a bit on PD ie what is pd and what isnt and before I even get to the point of defining the work I wish to do I thought I would ask what the procedure is for PD? Is there an application process or do I employ my builder and off we go?

Likely works are small single storey rear extension (extendingless than 3m) and joisting/boarding loft with permanent staircase.)

Thanks Peeps!

 

[DevilDamo]

If you are proposing works under PD, then you can crack on (as far as planning is concerned). However, you would more than likely require building regulation approval, which would involve preparing drawings, submitting an application along with the fee and once submitted, you can start works.

If you want to have the PD works "officially" confirmed they are PD, then you can submit a CoL (Certificate of Lawfulness). This is similar to a planning application, the fee is 50% that of a normal householder planning fee and will take approx. 8 weeks for a decision. Remember, you don't "have to" submit a CoL, but it will save you hassle and extra money by dealing with it now than later (i.e. if/when you come to sell).

 

[SimonH2]

Remember, you don't "have to" submit a CoL, but it will save you hassle and extra money by dealing with it now than later (i.e. if/when you come to sell).

Or possibly more importantly, if you have a CoL and the council then come round and say your development wasn't PD - you can wave the CoL at them and "send them away", assuming what you've built is the same as what you have the CoL for. Without the CoL, you've then got to prove it is PD, and potentially if you fail (and also fail to get retrospective planning permission) then they can make you undo the works.

There are plenty of true stories of people having to pull down new houses

 

[DevilDamo]

Hence why I said it will save the client hassle and extra money dealing with it now, than later.

 

[^woody^]

Without the CoL, you've then got to prove it is PD ......


....... and potentially if you fail (and also fail to get retrospective planning permission) then they can make you undo the works.

No, it will be up to the council to prove that it is not PD - which is completely different

Also they wont make you undo the work, except in extreme cases. There are also options to apply for retrospective permission and appeals etc

Basically, unless the development is grossly over the PD limits then no action will be taken. And if the work is something that would have been approved in any case had an application been made, then again no action can be taken

 

[SimonH2]

A bit of semantics there.
Technically you are right, but in reality if they decide it isn't PD and serve an enforcement notice on you, it comes down to you to show that it is PD in order to have that enforcement notice quashed. I suppose you can turn round and say "it's PD", then you are in a "6 of one, half a dozen of the other" situation in terms of who has the burden of proof, until one side or the other proves their case.

I did specifically mention failing to get retrospective planning - which may or may not be forthcoming. I know a few people who've found dealing with our LA Planning Dept "a bit difficult".

Personally, for what it costs, I reckon it has to be worth getting a CoL and then all those potential problems are dealt with up-front (unless the rules change before you get started). They can still argue whether it is PD or not - but at least you can do it when there's no issues with making changes to plans etc. After all, you may actually have misinterpreted the PD rules and not be doing PD.