Can something be PD when planning approval has been granted

[u587162]

I'm not sure how else to word that title but I've been granted planning permission to do various alteration to the house including a loft conversion.

Can I add a roof light (flat type pointing to the sky not a Velux sloping one) to the flat section of my roof of say 1x1m without seeking an amendment? I understand that the roof light is PD but how is any PD type add-on considered usually?

I think I read somewhere on here that a planning inspectorate would generally not object if it could have been done under PD anyway. Is that correct?

 

[tony1851]

No problem, go ahead.

 

[Nakajo]

If a condition attached to the Planning Permission specifically suspends your PD rights, then technically, you should do the PD work before implementing the Planning Permission.

 

[u587162]

No suspension of PD rights. Basically I'm just adding something to the renovation works that ordinarily would be fine under PD, whilst we do the work that was approved under the planning application.

My reason for raising the issue was in case it was picked up as not being part of the planning approval, but can I then turn around and say, sod off adding this is fine if it was PD and I'm not paying for an amendment and waiting 8 weeks for a determination.

 

[Nakajo]

If there's no suspension of PD, then it is PD.

 

[wessex101]

Was there a condition on the approval that the work must be in accordance with approved plans? That is a favourite down here so any change could potentially be a breach of condition. Not sure whether that would stand up on appeal or the Council would bother with enforcement action but it seems to be a very minor change so you would hope they would deal with it as a minor/non-material amendment.

In practical terms, unless it is something that a neighbour is likely to complain about I would just crack on and worry about sorting out a retrospective minor amendment/permitted development if you get caught.

 

[^woody^]

In the OP's case yes, its possibly trivial so can just be done.

But generally the permission was given to build the extension to the design of the approved plan. Any deviation needs further permission - how the request is then dealt with will depend on the extent of alteration to the approved design.

In granting the permission, the planners will have considered the design. So potentially an extension with a roof light may be refused, but one without granted.

PD rights cant be exercised on something that is not there already and fully built.

 

[u587162]

So let's use a different example.

Let's say I'm changing the fenastration of the windows on the front elevation and planning approval was granted. If I then:

A) increased the width of the new opening by an extra 40cm would that be an issue? Probably yes. Could you do that under PD?

B) if I decided to put black aluminum windows when the architect put windows white to match existing - would that now be a breach even though if I had changed the windows under PD I could have put any colour I wanted?

I'm not in a conservation area.

 

[tony1851]

Changing the width/colour of a window from that on an approved plan is technically a breach; it will state on your permission that the work must be done in strict accordance with the plans - or words to that effect.
But it's highly unlikely that your LPA would do anything about it, even if they got to know.