conservatory and planning permission

[freddiemercurystwin]

Then again some bright spark might pop along in a bit and tell us the answer or that there has already been such an appeal. There probably has! I guess if you were my client I would be searching for such an appeal case to try and determine the answer.

Also, my thoughts are that even if it needed planning permission it would very likely be granted on the grounds that had the roof of the extension been within PD then so would the conservatory so only just outside the PD legislation.

 

[hettie]

Yep, I can see it is grey. The planning dept were useless at my town hall. Anyone got an idea where else I could try for further advice on that? It looks like we will have to try doing a certificate of lawfulness and then if it isn't accepted submit planning. I just don't trust the planning officers at my town hall now though as they were saying as it is on an existing extension it does change things but they can't point me to legislation that says you cannot do it under PD! From my reading of the booklet we meet all the criteria for PD but we are putting it on the back of the existing extension so no certainty just due to that. It meets pd in every other way!

 

[freddiemercurystwin]

In fairness to your LA, the legislation is not clear and they are not to blame for that. Whenever you think you’ve heard every possible scenario for PD another comes along to test you!

 

[hettie]

Yes I can see that now and I will therefore retract by harsh statement about them!

 

[freddiemercurystwin]

Well they are often a bit useless actually!

tony really likes them, but they run rings round him!

 

[hettie]

 

[tony1851]

Well they are often a bit useless actually!

tony really likes them, but they run rings round him!

Gulp!! Splutter!!! Whaaa the..........! Dohhh!.

 

[tony1851]

@ Hettie; being devil's advocate here, but I wonder on 2nd thoughts if you might need p.p. after all.

1. The existing (approved) extension has maximum height of 4.3m??
2. The council will look at the whole extension when considering an LDC application to see if the extension (as a whole) is p.d.
3. As part of it will be over 4m high (albeit the original extension) they may well conclude it's not therefore p.d. and the whole lot needs planning permission.

They don't really care about the impact on neighbours, They will try whatever ruse they can just to get extra planning-application fees out of people to keep themselves in useless, pointless, anti-development jobs, with their generous holidays, sick time off for a paper cut, generous final-salary pensions, all financed by us humble folk...............

 

[hettie]

one thought that occurs to me is how it would be if we took it off the far room on the other side of the house part of the original house. it would def be PD then and would only impact the house in the same way except would be near the boundary of a different neighbour. it wouldnt work for the layout and usage of rooms so we cant do it for an easier life but it goes to highlight that it would be a daft anomaly for what we propose to not be pd.

 

[tony1851]

Why not just apply for planning permission if they won't give a certificate?
It would be difficult for them to refuse it on what would in practice be a technicality.
Is it worth having a less-suitable arrangement just to save the bother of an application and possibly an appeal?

 

[hettie]

no I think you are right and I don't think we should consider a less suitable arrangement like you say. It would be better to get planning permission. I think we have to go down the route of trying for the cert of lawfulness and if not submitting a planning app since it is not a clear cut situation.

 

[hettie]

@ Hettie; being devil's advocate here, but I wonder on 2nd thoughts if you might need p.p. after all.

1. The existing (approved) extension has maximum height of 4.3m??
2. The council will look at the whole extension when considering an LDC application to see if the extension (as a whole) is p.d.
3. As part of it will be over 4m high (albeit the original extension) they may well conclude it's not therefore p.d. and the whole lot needs planning permission.

They don't really care about the impact on neighbours, They will try whatever ruse they can just to get extra planning-application fees out of people to keep themselves in useless, pointless, anti-development jobs, with their generous holidays, sick time off for a paper cut, generous final-salary pensions, all financed by us humble folk...............

Sorry yes I hadn't seen this. How could they consider the whole thing as one though. We have pp for the original extension with the height and this would be a conservatory, which is a separate structure adjoined to the house and separated by external doors to meet building regs. But I also see your point here about lining their pockets. No wonder they wouldn't give me an answer. They want me to pay the money to go through the cert of lawfulness procedure don't they? They aren't going to give free advice for nothing as like you say they need their pensions etc...

 

[tony1851]

How could they consider the whole thing as one though.

It's to prevent people adding extensions to extensions ad infinitum, where each extension by itself would be p.d., but the enlarged part as a whole, not.

But in your case, it would only be a technicality if the council decided it needed planning permission.

 

[freddiemercurystwin]

I think what I am thinking is can you add PD development to something that was not PD? I don’t believe the legislation specifically says whether this can be done or not.

Has this been clarified then tony?

 

[tony1851]

I think what I am thinking is can you add PD development to something that was not PD? I don’t believe the legislation specifically says whether this can be done or not.

Has this been clarified then tony?

Don't really know. I was sure there was an appeal case on the Planning Jungle site raising this issue, but I got side-tracked looking for it, and then got bored - there's so many to plough through