Conditional Permission for Development - How much detail

[FrogParty]

I am considering purchasing a site which has conditional permission for the construction of a house, and would like some advice on what aspects of the submitted plans are legally binding or likely to be enforced. This is more important as one of the conditions removes the permitted development rights. I want to be sure I know what I can do with what I am buying.

The explicit conditions, apart form removing PD, are all about materials, hard landscaping and demolition of existing structures etc., rather than say anything about what may be built. The plans referenced by the approval document include 1:100 scale drawings of elevations and a plan view showing internal structures. I presume these describe what development has been approved.

As I understand it the plans provide the permitted location, size and general external shape of the building. In effect I could build less, leave off a wing, reduce roof height etc. but not more (or use different materials) without applying for permission.

But how literally do the LPA take the details of the drawings? Do I have to position the windows where they are shown (no neighbours so no amenity issues or conditions on windows)? If is shows 5 PV panels on the roof can I only fix that number and size even if they are insufficient? Can the stove pipe exit a different part of the roof? Do they have any control on the internal layout?

Under GPD for an existing building I could add Velux roof lights, PV panels and change windows etc. but the planning conditions remove these rights, so does that mean that these details have to be exactly as they are shown in the submitted plans?

Perhaps more importantly would the LPA inspect and enforce such details? What is the usual practice?

Let me be clear, in general I want to build what is on the plan, I am not trying to push the limits on size, shape or location, but the finer details are not well thought out or practical. I would not want to have to stick to doing those and nothing else.

 

[^woody^]

You build what's been approved, in accordance with the approved plans. Any changes require further approval, or the planners need to confirm that no additional formal approval is necessary.

Removal of PD rights, just means that you have to apply for permission for what would otherwise have been allowed under PD

 

[FrogParty]

OK, so removal of PD (actually just those things covered by Part 1 of the schedule) means that you have to get permission for everything, but what exactly does that include? Is there a document somewhere that says exactly what details are considered planning issues?

For example the approved plans don't show downpipes or a vent pipe, so does that mean I would have to apply for permission to have some? The plan does show where the kitchen sink is located, does the LPA control that? I would guess not, but what do I know. Is it just external details that require approval? Is it all external details that require approval?

I would be grateful if someone could point me towards where the specific components covered by planning law are documented. I would also like to know how these things work in practice.

 

[^woody^]

Planning permission is not concerned with position of sinks, vent pipes etc.

Typically PP relates to walls, windows doors and the roof, the materials of the external structure and exterior landscaping.

You wont find a list of these things, as it is all generally contained within the various planning regulations and may be defined in appeal precedents

The general gist of things is in the TCPA 1990, and the definition of "development", and then planners are allowed to impose certain conditions which are relevant and necessary to the granting of permission

Forget PD rights at this stage they are irrelevant to the building of the house. PD rights will not have applied until the house is constructed anyway and relate to additions and alterations to whatever is built, after it is built