Rear extension Under PD

essex123456 · 28 Sep 2020

We are in the process of having a rear extension on our semi detached property. We have appointed an Architect and agreed the basic deign, this is to be done under permitted development as its 3m single story.

The architect has put in for a lawful development certificate, however I am confused as I thought with PD you basically notified the local Planning and got on with it. I understand having the building regs done etc.

Does the lawful development Certificate sound correct?

Thanks

DevilDamo · 28 Sep 2020

If you want confirmation that the proposed development would be lawful (e.g. on the basis that it would comply with all of the limitations and conditions of Schedule 2, Part 1, Class A), then you should submit an (optional) application to the local planning authority for a Lawful Development Certificate (LDC).

Nakajo · 28 Sep 2020

Unless it's for a change of use, an LDC seems like a pointless exercise to me.

essex123456 · 28 Sep 2020

Thanks for the replies, Im concerned it will delay us getting on with it. As they are saying the structural engineer would come after this, But the date for this is not till Nov.

DevilDamo · 28 Sep 2020

It’s not like formal Planning, so you don’t have to wait for the LDC to come through prior to pressing on with the next stages.

I however had a situation where the client had instructed me to submit a LDC application for a loft conversion with front rooflights and a rear dormer. The client then instructed me to proceed with the BR’s including the appointment of a structural engineer. At that point, I said we should wait just incase there’s an issue and the fact the client didn’t want to seek Pre-app advice about PD rights. Builders had quoted and were geared up to start only for the LDC to be refused as PD rights had infact been withdrawn.

Notch7 · 28 Sep 2020

DevilDamo said:
PD rights had infact been withdrawn

Always the risk

interpreting the rules is tricky, its safer to check I think, especially where what is assumed to be a "rear extension" actually has a small return deeming it a "side extension"

^woody^ · 28 Sep 2020

Only crap designers suggest a LDC. It's either because they don't actually know the PD rules, so just want to cover themselves, or they want to charge you for more [unnecessary] work. Or both.

tony1851 · 28 Sep 2020

^woody^ said:
Only crap designers suggest a LDC. It's either because they don't actually know the PD rules, so just want to cover themselves,

In many cases - undoubtedly yes - but there are marginal cases.
Imagine a house with a plane rear wall, which has a single-storey bay window projecting just two-bricks length from the rear wall, and topped with the window frame supporting a little flat roof. How is an architect/plan drawer to know whether or not a planning officer would count that tiny stretch of brickwork as "a wall forming a side elevation"?
The Planning Jungle site has many appeal cases on specific permitted development issues which contradict each other; there are too many grey areas.

^woody^ · 28 Sep 2020

tony1851 said:
In many cases - undoubtedly yes - but there are marginal cases.
Imagine a house with a plane rear wall, which has a single-storey bay window projecting just two-bricks length from the rear wall, and topped with the window frame supporting a little flat roof. How is an architect/plan drawer to know whether or not a planning officer would count that tiny stretch of brickwork as "a wall forming a side elevation"?
The Planning Jungle site has many appeal cases on specific permitted development issues which contradict each other; there are too many grey areas.

"We are in the process of having a rear extension on our semi detached property"

tony1851 · 28 Sep 2020

^woody^ · 29 Sep 2020

It's a straight forward extension on the back of a semi. If the designer is not sure of how PD applies then he should not be in business, as he does not know his job and is just getting the client to pay unnecessarily for his lack of competence.

DevilDamo · 29 Sep 2020

This may well be a straight forward single storey rear extension. Any extension to the rear of the property is also described as such. However, that doesn’t rule out the possibility of any staggered rear walls, outriggers, etc... that could trigger different PD rules.

It’s almost impossible to confirm the PD situation without seeing any drawings. So @essex123456 can you upload the drawings the architect has submitted?

essex123456 · 29 Sep 2020

Hi I will do but suppose I should take the details of the designer off?

VDubDan · 29 Sep 2020

I applied for an LDC because I was doing it all myself an a) wanted the peace of mind and b) figured it might be handy in the event of a house sale.

Anyway, it took forever to come through so I just started without it!

essex123456 · 29 Sep 2020

We are taking down an old conservatory and then putting a single story extension on with a lantern and (probably putting in steels (to be decided))

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Rear extension Under PD

essex123456

DevilDamo

Nakajo

essex123456

DevilDamo

Notch7

^woody^

tony1851

^woody^

tony1851

^woody^

DevilDamo

essex123456

VDubDan

essex123456

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