Can I install a rear dormer under permitted development

I've been helping a friend with a planning application on a bungalow. After much toing and frowing with the LPA the application is out for further public consultation and hopefully we'll get a determination soon.

Part of the original proposal was to extend the rear by 1200mm and install a rear dormer sitting over the new rear wall. The neighbour behind objected and the LPA said they would reject the application based on its impact to the neighbour's amenity. They also would not entertain a smaller rear dormer sat on the original rear wall position even though planning permission was granted many years ago for a rear dormer (which was never built), a year later permission was granted for the neighbour's house. One annoying point is that the neighbour's first floor windows impacts on the privacy of my friend's amenity area.

The neighbour's behind spend most of there time away abroad and the house is empty for months on end. There is a 10ft + hedge between the two properties and there garden is heavily planted with tall shrubs and trees so any loss of privacy will be minimal (this is a point the LPA officer accepts but say they must consider perceived overlooking).

The rear dormer is quite important coz without it there will be very little headroom in any loft conversion and the additional living space is needed.

The distance between the two buildings is approx 6.2 metre at its closest point. See attached drawing.

Normally you can build a rear dormer under permitted development (without planning permission), as long as it satisfies certain limited criteria.
No neighbour consultation would be needed as it is not a Planning issue.

Thanks for the info. I've looked through the April 2017 Final guidance document but can't find anything to stop the dormer being built provided it meets the criteria as you say, but I understand that that document is not definitive so I'm slightly dubious. Nearer the time if it becomes relevant I'll go see the neighbour out of courtesy and try to agree an acceptable design. I doubt they'll very accommodating but at least I'll try and no doubt they'll be straight on to the council.

If you want the actual law on dormers (actually called 'roof enlargements') rather than the Technical Guidance (which can be a bit woolly), it's here on pp19-20

Thanks Tony ur a star.

A problem might arise from:

'B.1 Development is not permitted by Class B if— (e) it would consist of or include— (ii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe; or etc etc'.

There is a chimney in the way and the toilet vent pipe only rises about a metre above the eaves and would end up outside a bedroom window - any thoughts on how to overcome these?

Chimneys, soil pipes etc are allowed under Part G (subject to certain conditions) - see pages 22 and 23 of the regs.

(It seems confusing when B1(e)(ii) says no chimneys etc allowed, but this is just the way the regs are written; it's to ensure that the rules on
chimneys etc are specifically identified in a separate part).

I've just been reading an older thread relating to permitted development which has left me a bit confused and because the legislation has changed since that thread I just want to double (or triple)check; so apologies for rephrasing the previous questions.

The LPA have already said that they would not grant planning permission for a rear dormer because it would overlook the neighbour’s amenity area. The application was amended and the rear dormer removed from the plans, an LPA determination is yet to be made on the revised plans.

Although a neighbour consultation would not be needed for a dormer built under PD can anyone object and/or stop the building of the dormer for any reason provided it is built with material sympathetic to the original structure, does not extend above the original ridge height, does not overhang the original rear wall, has a minimum 200mm setback from the original tile edge at the eaves, does not extend beyond the original side walls.

The original bungalow is approx 12 metres long (side elevation to side elevation). The rear elevation does not front any road or footpath so is definitely not a principle elevation although one side elevation is probably a principle elevation. One side of the dormer will be visible from the main road/footpath approximately 21 metres away but is heavily screened by high hedge and electrical substation fencing.

The intention is to build a dormer as wide as possibly across the back with its side walls sat on the existing bungalow side walls, its main rear wall sat on the outer leaf of the existing rear wall and its flat roof tucked under the original ridge tiles. The windows will be standard height and size with fanlight and side opening elements to serve 2 bedrooms and a bathroom or 2 bedrooms with en-suite.

Nothing I've read suggests that the dormer construction cannot go ahead under PD but I don't by any means understand all the ins & outs of the legislation and I am concerned that the neighbour behind could put a stop to it, in part due to overlooking their amenity area albeit only slightly and limited to the far side of their large garden.

I believe a lawful development certificate is not required for PD work but would one be sensible in this case? Could the council refuse

wobbly2 said:

I believe a lawful development certificate is not required for PD work but would one be sensible in this case? Could the council refuse

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Woody. tell him! I'll just find my one piece lycra outfit, I think it's in the wash.

@op; If you keep to the parameters outlined in your 3rd paragraph, it will be PD (assuming you are not in a conservation area etc).

In this case, the neighbour can huff and puff but there's nothing he can do so far as planning law is concerned.

With regards to an LDC: you may see several other threads on this site where members have almost come to blows as to whether or not you should have one for
work which is clearly PD. Strictly, you don't need one, but if you sell the property, solicitors (who usually know nothing about planning law) can hold up a sale by
worrying nervous buyers into thinking the dormer might have needed planning permission................it's your call.

That is probably the principal benefit of a rear dormer under permitted development. You can have one with full height glazed french doors and julliet balcony looking directly in to the neigbours garden or bedroom window and there is not a damn thing they can do to stop it. And the 50m³ allowance gets you a huge dormer. You would never get away with it if it was a first or second floor extension.

Personally I think the legislation is terrible and rear dormers should not be permitted development but I doubt it will change in my lifetime so crack on and get it done.

Thanks to all.

Not sure where the one piece Lycra comes into it, perhaps some kinky builder thing

wessex101 likes to practice his lucha libre when he can, that's all.

Is lucha libre permitted development or does it need planning permission first?

What goes on between consenting adult males like me and Woody is totally permitted.

But is it lawful?