How strict are planners on 40m3 loft extension under PD?

[dundon2]

We've started work on a loft extension with full-width dormer on our terraced house, under permitted development. We just noticed a neighbour has built an additional adjoining room on the rear elevation at 2nd floor level and we want to do the same. To get reasonable ceiling heights in both rooms we're going to stray a little over the 40m3 allowed under PD - 41.024m3 to be precise.

If we proceed, will the council strictly enforce the 40m3 rule and make us rebuild, or will they turn a blind eye?

Any advice appreciated. It's a NW London borough.

Thanks.

 

[freddiemercurystwin]

They will never turn a blind eye. A development is either PD or it is not there is no 'just a bit over so not to worry' policy.

That said they are unlikely to make you take it down or rebuild it. If they get wind though they may well write you some snotty letters and ask you to change it or apply for planning permission. This would result in it being noted down against your property and could well become an issue when you come to sell and a search reveals an illegal loft conversion.

 

[dundon2]

Thanks. And what prompts the inspection/measurement - is the certificate of lawfulness? Or a neighbour's complaint (extremely unlikely in our case)?

 

[freddiemercurystwin]

Yes complaint or nosey planner driving past etc.

 

[jeds]

I asked a compliance checker that visited a site of mine a few months back and he said it comes from the building regs applications. They get a monthly list of regs apps that don't have corresponding planning apps and they check about 25% of them. I reckon that's a bit optimistic as it's only about the third check I've had (that I know of) since the new PD rules in 2008, but obviously they do check some.

 

[^woody^]

1m3 is not a lot over 40m3, and if you have not done so already, would be easy to lose in either measuring it differently or adding some extra insulation to a wall or ceiling

There will be a tolerance threshold before planners will deem it not PD, perhaps not as much as 1m3, but there are ways to reduce this

 

[Inder]

A friend of mine who lives in Wanstead told me about one his neighbours who went over the 40m3. Planners "found out" and told the chap to take down and re-build within the 40m3. If you go to the Planning Portal, there is a diagram calculation which can work your volume out, which you could use to trim off the excess volume and get to 40m3. Inder

 

[^woody^]

Your friend gives dodgy information

Planners can't tell anyone to take down anything. There is a process to follow of applications, appeals and then enforcement, and ultimately it is a court which makes the decision