1. Visiting from the US? Why not try DIYnot.US instead? Click here to continue to DIYnot.US.
    Dismiss Notice

Council Objection to 20cm eaves rule for Dormer

Discussion in 'Building Regulations and Planning Permission' started by NabMo, 6 Apr 2016.

  1. Mikefromlondon

    Mikefromlondon

    Joined:
    6 Aug 2011
    Messages:
    3,182
    Thanks Received:
    143
    Location:
    London
    Country:
    United Kingdom
    I totally agree and the gaps would then look really ugly between two adjacent properties.
     
  2. Sponsored Links
  3. ^woody^

    ^woody^

    Joined:
    3 Sep 2006
    Messages:
    30,844
    Thanks Received:
    4,084
    Location:
    West Mids
    Country:
    United Kingdom
    No. The dormer is there already, that is what would be assessed on any application. He can't propose to make it smaller and apply for something which is not there already, when something is there now.

    The OP must apply on the basis that what is there is lawful development, so he must ensure that it is before applying.
     
  4. freddiemercurystwin

    freddiemercurystwin

    Joined:
    21 Jan 2007
    Messages:
    18,987
    Thanks Received:
    2,111
    Location:
    Devon
    Country:
    United Kingdom
    You're on a hiding to nothing woods, they're just not getting it and what's really bad is that the OP paid (got ripped off by) a 'proffesional' who doesn't get it either.
     
    • Like Like x 1
  5. Darluc

    Darluc

    Joined:
    19 Jul 2016
    Messages:
    14
    Thanks Received:
    0
    Country:
    United Kingdom
    It looks like we are both on a similar situation. Do you mind telling me which arhitect you have used? I also live in newham and I have the same issue.
     
  6. Mikefromlondon

    Mikefromlondon

    Joined:
    6 Aug 2011
    Messages:
    3,182
    Thanks Received:
    143
    Location:
    London
    Country:
    United Kingdom
    I have PM'd you Architect contact
     
  7. napoleondynamite

    napoleondynamite

    Joined:
    19 Apr 2012
    Messages:
    147
    Thanks Received:
    29
    Country:
    United Kingdom
    If I have followed this correctly, I'm not sure about that refusal. If you applied for a LDC for a proposed revised design; it can be considered based upon the proposed drawings. If they show a PD dormer they should be granted.

    What has been built is separate matter which the Council can pursue through through enforcement action, granting a LDC for a proposed dormer would not change that. You would at least have a potential solution by altering what has been built to make it PD. I can give some general advice but I'll do it on Darluc's post..
     
  8. NabMo

    NabMo

    Joined:
    6 Apr 2016
    Messages:
    6
    Thanks Received:
    0
    Country:
    United Kingdom
    Thanks all for your replies. I don't get notification of posts hence didn't know there were responses.

    I saw some confusion around current and proposed dormer structure. To be clear, we had dormer built around 2 years ago without 200mm setback from eves or any spacing on the sides (cheeks?). I understand this doesn't fall under PD and the council is right in sending enforcement notification. When I realised this, I hired an architect to correct this. He suggested to try our luck with plan to only show 200mm setback but no spacing on the sides. He was convinced that it will be rejected but the risk was worth it as moving side walls will be very expensive. This was rejected by the council so we applied again but this time both 200mm spacing from the eves and spacing on the sides. This was rejected again. This time the council said that since the structure is already built Certificate of Lawful Development for Proposed Use is not valid. I sent email to the Duty Planning Officer requesting what should I do and he suggested to apply under Certificate for Lawful Development for Existing Use. I have email from council confirming this. The architect wasn't convinced but I asked him to apply and attached council's email.

    We recently applied again under CLE and the council has rejected the application saying this is not the correct application in this case. This is after including an email attachment from Duty Planning Officer asking me to apply under CLE. The council is now asking me to apply under Householder planning application (HH). I just feel like council is not being helpful here. Even if this was the case they could have told me to apply under HH the first time I asked them (6 months ago!). I have wasted fee on two different applications already now.

    My architect is convinced that our application will not be accepted under HH. He has suggested to wait till we get enforcement and then appeal against it. What do you guys suggest?
     
  9. DIYnot Local

    DIYnot Local

    Joined:
    3 Sep 2019
    Country:
    United Kingdom

    If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

    Select the supplier or trade you require, enter your location to begin your search.


    Are you a trade or supplier? You can create your listing free at DIYnot Local

     
  10. Sponsored Links
Loading...

Share This Page