Class G permitted development

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Hi there

Our LDC application, involving the removal of a chimney, has been turned down because our council interpret Class G of permitted development as meaning a chimney can not be removed.

This is the only thing they are picking us up on, and we pass criteria on all other classes.

Class G advises a chimney or flue can be installed, replaced or altered so long as its not 1m higher than the highest part of the roof. However, the council have said because the technical guidance doesn't include the word 'removal', and we are removing our chimney, then our development is not permitted!

All other councils I have looked at share my view, and I have also pointed out 'Direction 2014' which states any demolition under 50m3 is not classed as development so surely the removal of a chimney can't be disqualified under the terms of permitted development (because its not development!)

Just to add, this is not the main chimney on the house, its a chimney flue from previous boiler (we now have a combi boiler with mini flue on side of house)

What's everyone's views on here?

Thanks
 
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Thanks for the suggestion but the work is already done, its an existing LDC application. In our eyes we have replaced the chimney flue with a side flue. It just seems wrong that class g seems to have been put in place to stop people installing monstrous chimneys (I.e. over 1m above roof line) yet one can't be removed in lieu of an alternative extraction point.
 
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You should not have even bothered with seeking LDC for a stack removal. I've never known this to even be a requirement for a domestic stack.

Forget it. Unless this was some extravagant local landmark on a listed building, nothing will come of it. Nothing can come of it.

Are you sure that the council is not saying that it's not permitted development because you don't need permission for it and it should not have been on your application?
 
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Thanks woody, this is part of a wider development (extension) but the only thing they've said fails the permitted development criteria is the removal of the chimney.

See the crucial part of their decision report pasted below:

CLASS G
Does the proposal include the installation, alteration or replacement of a chimney,
flue, soil and vent pipe?

No, the proposal includes the removal of a chimney. This is not classed as an
installation, alteration or replacement and for this reason, the proposal is not
permitted under Class G of the GDPO 1995 (as amended).

They've referred my argument to their legal department.

In previous cases they've made people maintain some part of the chimney (e.g the internal breast) so that it is deemed an alteration rather than a removal. I find this audacious given that internal alterations are completely OK under PD law.

Its not a listed building nor part of a conservation area nor had its PD rights removed.

I am not too concerned with their answer because I am confident an appeal will overturn their strange logic but there must be something I can do to complain about this mis interpretation of the rules?
 
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Thanks - I did find that earlier and submitted it to the council but they wanted the full decision report and I have to pay subscription to the planning jungle to get that!

Thanks anyway
 
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Thanks - I did find that earlier and submitted it to the council but they wanted the full decision report and I have to pay subscription to the planning jungle to get that!

Thanks anyway

Your council will have access to appeal and other documents via an online portal. Give them the reference number and tell them to access it via their own subscription which you have already contributed to.
 
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CLASS G
Does the proposal include the installation, alteration or replacement of a chimney,
flue, soil and vent pipe?

No, the proposal includes the removal of a chimney. This is not classed as an
installation, alteration or replacement and for this reason, the proposal is not
permitted under Class G of the GDPO 1995 (as amended).

They've referred my argument to their legal department.

This must win the prize for one of the most stupid interpretations of the rues by an LPA, and it confirms my belief that
if you want to know about planning matters, you do not ask your local planning officer.

Unless listed etc, removal of a chimney is permitted development. It will fall under class A, ie,

'The enlargement, improvement or other alteration of a dwellinghouse'.

As removal of the chimney does not contravene any of the restrictions set out in A1, it will therefore be PD.

The restrictions in G1 are to ensure that people do not raise chimneys without PP.
 
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Thanks for the reassurance Tony. Newboy just out of interest which council were you dealing with?
 
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Incidentally, if anyone's interested, Shimizu UK Ltd v Westminster City Council [1996] established that the terms ‘demolition’ and ‘alteration’ are ‘mutually exclusive’ and that demolition of (only the lesser) part of a building merely constitutes alteration of the whole, for which the present Planning Regulations require no consent. I'll get my coat.
 
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I would suggest that removing something is not development- i.e. no permission required. Making good the roof in replacement would be PD provided you use materials to match the existing building. It may be that the LDC was refused in error.
 

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