Planning dept. don't know the answer

[mkb]

Hi all,
Wont bore you with the full story but have built a small utility room at the side / back of house. Had Building Control involved..no problem, all signed off. Did I need planning permission..'yes you do' ... 'no you don't '...yes you do..'no you don't, it's within permitted development' 'no it's not'
Deary me !! Looked on planning portal and spoke to planning dept. Anyway apparently in my case it's a grey area !! My question is ; Is there a time limit after something is built after which point I can't be forced to take it down ? Someone says it's four years..someone else said 10 years, then 12 !!Nobody's complained about it by the way. Thanks in anticipation.

 

[freddiemercurystwin]

4 years.

You have come to the right place if you want an answer to your PD query btw. There's very few PD query's that don't get a definitive answer on here.

 

[mkb]

Cheers mate. Appreciate the quick reply.

 

[Inder]

Hello,

You could get a Certificate of Lawfulness (for a nominal fee) from the Planning Dept. which basically states that you have built the structure lawfully. This will come in handy when you want to sell your property. Inder

 

[mkb]

Inder. Is that similar to a planning Application ? How does the Planning dept., check it's been done lawfully and what does 'lawfully' mean in this context ? Any idea ?

 

[freddiemercurystwin]

It is documentation from your Local Authority that proves the development was Lawful and did not need Planning Permission.

Sometimes useful if the development is contentious.

http://www.planningportal.gov.uk/permission/responsibilities/planningpermission/ldc

 

[Inder]

Inder. Is that similar to a planning Application ? How does the Planning dept., check it's been done lawfully and what does 'lawfully' mean in this context ? Any idea ?

Hello

Planning permission allows you to build a structure as long as it complies with planning legislation. A certificate of lawfulness will let you build a structure under your PD rights. Handy when have built a structure without the need for planning and you can prove to others that you did not need planning permission, i.e solicitors.

You can apply for a cert of lawfulness before or after you have built a structure. In my opinion, before is better . Just need to submit some drawings and application form with fee showing what you are going to do under your PD rights. You will get a piece of paper confirming that you proposals are lawful under your PD rights. Simple as that.

Each LA planning department has their own rules about certificate of lawfulness. You may want to give them a call and just enquire. Inder

 

[^woody^]

It's no good applying for a LDC unless you are absolutely sure that an existing development is outside of the time limits for enforcement action - else you have alerted the planners if it turns out that the development is in fact unlawful

Likewise for applying before you want to build something

 

[jeds]

It's also not necessarily simple to obtain a LDC for time barred development. You have to prove that the development was indeed completed 4 years before the date of application and you must provide evidence nto substantiate that. Do you have any evidence?

 

[mkb]

Well I got the completion cert from the Building Control Officer last week so that proves dates etc. Because I had to have it piled we basically went 50cm bigger with the extension which means it fell 50cm outside of permitted development ! So am thinking of hanging on for the 4 years and then applying for a Certificate of Lawfulness....make sense to you all ?

 

[jeds]

There you go. Fingers crossed the planning dept don't come calling in between.