1st Time buyer development restrictions

[Smurf]

Hi

We wanted to extend a small terraced house were in the process of buying. We've spoken to the guy who would be our new next door neighbour and he tells us that the current owner has twice applied for planning permission to extend the rear both as a double storey extension (like many in the street) and also as a single storey (like next doors) and it has been flat refused both times.

He says that the government bought in a law a few years ago (after the other extensions in the street) to stop development of certain types of houses so that they could remain within the reach of first time buyers like ourselves.

The trouble is the place is so small it wouldn't be worth the price if we couldn't develop.

Does anyone know if there is such a law that I can look into so I can have all the facts with me when I go to see the planning officer later in the week?

Many Thanks
SMF

 

[GwaiLo]

Nothing new about the law, it is just that people generally understand just the very basics of planning law, and assume they know it all.

In very simple terms the Town and Country Planning Act (which is actually the longest and most complex piece of legislation on the statute books) requires every development however small to obtain planning permission.

However, the Act gives the Secretary of State powers to grant blanket permission to some types of cevelopment. These are commonly known as permitted development rights. You will often hear people say that if your extension isn't over 70m3 or a loft conversion that doesn't alter the shape/size of the roof, etc etc you don't need planning permission. And indeed that is correct........mostly. However, what they are talking about is permitted development rights.

When larger new build developments take place the developer often wants to get as much density as possible from the site. In order to do so planning permission is often given on condition that the right to permitted development is given up. The practical reasons that local authorities do that is that A) If a builder cannot get sufficient accomodation on the site he may not make adequate profit and the site may lay undeveloped. B) When sites are built to or near the maximum permitted density it would be daft to leave it open for the developer, or subsequent owners, to add even more density without having to obtain consent.

The other relevant matters are 1) Planning Policy Guidance issued by central government....it is these documents upon which local authorities base their ....2) Development Plans........the long term plan/strategy for devlopment accross the whole of the planning authority area. 3) Supplementary Planning Guidance....which is produced by each local authority and gives guidlines as to what can and can't be done.

Planning is, at the end of the day, a political process. You can ask an Architect, Surveyor or Town Planner for an opinion on what chances there are of getting permission. However, only your local council planning committee can decide you or no and they can say no even if you stick to all of the guidance (although generally they won't). After that the only option left open to you is an appeal to the Secretary of State.

The other extensions in your street may have been granted permission when the aforementioned documents were different. They may not have had permission at all. Any that have been given permission under the local authorities current guidance will tend to serve as precedents and would improve you chances of a succesful application or appeal.

The previous owner will have been given written reasons for refusal, so I'd suggest you get copies of the refusal (which you will be able to obtain from your local authority, and get a definitive answer as to why permission was refused.

 

[masona]

GwaiLo,

Could Smurf or anybody actually get a special planning permission on extending their property before buying it,another word can you apply planning or building permission drawing on the property you don't own ?

It must disappointing to find out you cannot extend or whatever to your property after you have bought it.

Is there a way round it?

 

[GwaiLo]

Anyone can apply for planning permission for anything anywhere they want. I could apply for permision to build my new office in your back garden if I wanted.

However, when you apply you have to complete a certificate of ownership and if you don't own the land you must serve notice on whoever does. They can then object if they want to.

Planning permission can be granted subject to almost any condition the local authority care to impose (most have some conditions, for example that the work must be undertaken by a certain date). Very rarely, but only if there is a good reason for it, permission can be made personal. I recall getting permission (where it would otherwise have been impossible) for an extension for a young disabled girl and permission was granted on condition that it was demolished when the house was no longer her principle residence.

A property with planning permission is frequently worth more than one without, so whilst you could apply and get permission you might then be asked to pay more for it. Equally the current owner could decide to stay and build what you get permission for.

 

[Smurf]

Big thanks for the advice.

I had a look into these permitted development rules and it seems were even worse off than before I did'nt mention it in the original post but this is a mid terrace house so it seems we can only 50m3 or 10% of the house.

I'm assuming it's whichever is the smaller of these two figures, also I'm not sure if this means 10% of the area or volume of the house, either way it's not good news as the house is 3.1 W * 5.1 L * 4.2 H (I said it was small ) measured from inside and not including the loft space.

So I guess that gives me around 70m3 and therefore 7m3 for my extension which is just not worth it.

I'll try to find out why the previous app was refused when I get the chance to go to the council offices later in the week.

Cheers
SMF

 

[Smurf]

That height should read 4.6m, which doesn't really help much.

 

[masona]

Smurf,you can use the edit button to correct your post's

I'm not sure if this means 10% of the area or volume of the house, either way it's not good news

10% is the volume of the "original house" in cubic metres and no more than 50 cubic metres.This is for building regulations and if you want to go greater than 10% then you will need planning permission instead.

Volume is calculated from the external dimensions of your property.