Is a Hip to gable loft conversion allowed under PD?

[tony1851]

It's people who make slums, not dormers.

 

[noseall]

I fully understand that the need for space, in a country where property prices have been ridiculous for years, has resulted in some questionable buildings. Especially with any relaxation of planning laws.

This is where designers should carry the can.

But they don't. All they have to do is carry a larger bank balance.

If only buildings had feelings......

 

[noseall]

It's people who make slums, AND dormers.

Exactly.

 

[freddiemercurystwin]

I fully understand that the need for space, in a country where property prices have been ridiculous for years, has resulted in some questionable buildings. Especially with any relaxation of planning laws.

This is where designers should carry the can.

But they don't. All they have to do is carry a larger bank balance.

If only buildings had feelings......

Sometimes nosey, I wonder about you.

 

[Kempstarr]

Thanks for your help.

 

[Kempstarr]

it looks like I will be forced to get an LDC. I served the party wall notice on my neighbours (80 year olds - change is not good!) to their daughter who was power of attorney. my wife explained what we are doing ie the hip to gable etc - the daughter sought legal advice and they wont sign the party wall agreement as they believe it isn't PD (or more likely they just don't want it to upset the look of the semi's so won't sign it and hope we'll back off).

so I guess i'll just apply for an LDC and be prepared to go through appeals etc

 

[tony1851]

As sstated before, a hip-to-gable is permitted development. Before you start throwing money at the council, have a look at 'number 6' on this link from the 'Planning Jungle'.

http://planningjungle.com/wp-conten...-10-Worst-Permitted-Development-Loopholes.pdf

It's written by an acknowledged expert in the field of permitted development.

(The site even has a forum open to members, and planning officers regularly post questions when they themselves are confused about p.d.)

 

[jeds]

Bit confused about that. How does a hip to gable conversion require a party wall notice?

 

[freddiemercurystwin]

Bit confused about that. How does a hip to gable conversion require a party wall notice?

Presumably its the loft conversion that requires a PWA, as mentioned the hip to gable issue is just being used as a stalling point and is a red herring.

 

[Kempstarr]

Thanks for replies. Tony I agree with you I just want to get on and do it, but how do I get around this party wall issue? Correct they are using it as a red herring as it is simply for the steels, not the hip to gable, but they won't sign it until we "prove" it is PD. hence I thought my only option was an LDC to show them. Any better ideas for dealing with the neighbours as obviously we can't start work until party wall agreement is signed

 

[freddiemercurystwin]

as obviously we can't start work until party wall agreement is signed

You know you don't actually need a PWA right.

 

[Kempstarr]

We have to cut into the party wall to lay the new steel floor joists for the loft conversion- the act says this is notifiable. It is just coincidental the hip to gable is part of the same works

 

[tony1851]

but they won't sign it until we "prove" it is PD.

That sounds a little like blackmail, as the PWA and hip-to-gable are of course unrelated.

Say your LPA refuses to give you a Certificate, believing (wrongly) that it is not p.d. It would mean that by their mistake, you would be forced by the neighbour into spending up to £1k just to get a PWA agreement to put the steels on to the wall.

You could appeal a refusal - and would almost certainly win - but that would take weeks.

Your neighbours are right $ods!.

 

[Kempstarr]

Tony yes it seems to me that's the long and short of it - not sure how I can go about it any other way

 

[tony1851]

I think your problem here is that your neighbour's daughter - and the solicitor she consulted - know nothing about planning- and building regulations rules.

Most neighbours would only want you to apply the PWA if they were concerned about the structural implications of you putting additional load on the wall itself via the steels.

In this case, it almost seems implicit that they would agree to your scheme (ie without invoking the Act), if you would prove something completely unrelated to the structural aspect. They could equally well have said: 'we agree to you putting the steels into the wall - and will not expect you to appoint a surveyor under the Act - if you can prove that the earth is round'.

Ridiculous, I know. One can but sympathise when dealing with people who know nothing of the subject matter, and will not sit down and listen to reason.