Lawful development certificate

[tigs333]

I've now been 'advised' by 2 architect types to apply for a 'lawful development certificate'.. I'm not sure why.

My plan is half the width of the house - and applies to all the permmited development criteria (house 8.6 meters wide - planned room is 4.2 meters wide) - neighbours applied under permitted development for a 4.4 meter wide room - and were given approval under permitted development (the back of the house is wider about 12 meters)

So - 'why do I need the certificate' I ask - and I was told in case I sell (surely when you sell you are asked if you have building control certificates - it would be fine .. (I'm not planning to sell -I'd rather rent a room than sell)

and then I was told if planning rights change as long as I have 'started' the build - they can't 'change their mind' ... is this right when does permitted development change?

I plan to get the works done in the next couple of years - its only a side extension (there is another thread here //www.diynot.com/diy/threads/working-out-how-much-plans-cost-pictures-added.418371/ if you want to see my plan)

 

[freddiemercurystwin]

You are bang on with respect to the LDC, the whole point about PD is that if it is pretty clear that the proposed works are PD then you do not need a LDC. PD changes occasionally but there are no plans that I am aware of to change it anytime soon and there will no doubt be a long lead in and consultation time and before any rules are changed. That's the good news.

Looking at your plan in your other thread, assuming your family room faces the highway (ie it is the front) then your proposals will need planning application and are not PD. This is because the garage is a front extension.

It is really better to keep questions about another thread, in that thread.

This is a good guide if you had not already found it: http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf page 12 applies directly to your proposals.

 

[tony1851]

If you're sure your proposal falls within the parameters set in the p.d. rules, then you don't need to apply for a LDC.

(Bear in mind that there may be specific restrictions if your council has withdrawn p.d. rights, or if you are in a special area such as AONB or conservation area etc).

The issue might arise if you come to sell. Most conveyancing solicitors know sod all about planning and building regulations and will often ask for a LDC.
If there isn't one, it can put off some nervous buyers.

But that's about all; otherwise it's just a money-making scheme for the council.

 

[tigs333]

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Looking at your plan in your other thread, assuming your family room faces the highway (ie it is the front) then your proposals will need planning application and are not PD. This is because the garage is a front extension.

The new garage - will be 'at the side' - so I thought fell under planned development - we are happy to 'inset' the wall - so its a brick width in from the front .. (I know the plan does not show this)

Sorry if I should not have started a new thread.. I'm new here.

 

[freddiemercurystwin]

As your extension is to a front elevation then it must adhere to all of the rules relevant to front extensions, as well as side extensions. Did you read page 12 in the document I linked to? All of the walls that face the front are front elevation walls. So no extensions can be in front of any of them.

 

[tigs333]

I have read page 12 - and I still believe we are 'side development' ..


I have redrawn my picture and added it here = I don't think my first picture explained it well enough

 

[freddiemercurystwin]

Yes your proposal is a side extension. But it is also a front extension. An extension can be both a side and a front extension.

Under the rules you cannot build anything in front of a principle elevation wall, or in other words any of the walls highlighted red in this pic:

Untitled

• freddiemercurystwin
• 20 Nov 2014
• 1

 

[tony1851]

That rule is one of those which are more restrictive than the pre-2008 rules.

Previously, you could not extend beyond the nearest wall (in plan) to the highway. Now you can't extend beyond any wall forming part of the front elevation.

 

[tigs333]

I understand now - sorry

so I need planning permission - It irritates me that my neighbours who have done the same thing (in fact they went wider) did it under permitted development

 

[tigs333]

I've talked to my plan drawer - who says we would not be going forward of the principle elevation.

I'm wondering if this is because the 'front wall' which has a bay and porch is 2 stories where as the dining room is only one story high. Would that make a difference?

(sorry for the many questions.)

 

[freddiemercurystwin]

He does not understand planning law then, plain and simple. Scary!

Did you read the page in the document I linked to?

 

[tigs333]

Yes I read them,
Yes, I see what you mean about L shaped properties - and all the walls facing the highway,

I was just pondering whether 'height of wall' made a difference.. as the man who came to site and is involved in extensions in this area - applying for planning etc - thought it would be permitted development- although he suggested Lawful development certificate for peace of mind

I do have another architect type - coming - who has looked - and I have asked him the same question so I will see what he says...

I do wonder if different areas 'interpret' the rules differently..

If I 'fail' a LD certificate (which I'm guessing you are sure I will) would it then have to pay 'full price' to submit plans - or just the 50% needed to top them up to planning?

I'm going to talk to our local planners but it is like drawing blood from a stone - and they wont 'advise' unless you pay..

 

[tony1851]

The rules are clear and your 'architect-types' should know.

 

[freddiemercurystwin]

I do wonder if different areas 'interpret' the rules differently.

No they don't though often they are ill informed too. Your 'designer' (I hesitate to call him that) will be quids in with you won't he. If he is so sure it will be PD then tell him that you expect him to submit a new planning application and pay all expenses inc LA fee should the app for the LDC be rejected.

 

[tigs333]

My designed wont be quids in - I haven't 'commissioned' him yet..

I was just asking ..

Especially as there are other threads on this board - where planners are insisting on plans , where you have said they don't need them - perhaps this area thinks the 'sidewall fronting a highway' - is for houses on the a junction - rather than for a single story 'add on' ... I'm obviously wrong - you don't need to tell me again!

I bow to your knowledge, the architect hasn't got back to me.. it was just 'a man who draws plans' who said it would be ok - his knowledge on 'application process' may not be so hot..

I will contact the planning department -and if I need planning - so be it.. (its not worth the worry of the £80... although looking through the local planning online system = they have 'failed' all applications for the past 2 months.. so I am a bit worried if we did apply they'd say no anyway!)

thanks again for your help -even if I have irritated you.