Is conservation area status retrospective?

[indus]

Hi guys

I have a certificate of lawfulness for a loft extension to be built under PD dated late 2009. This loft has not yet been built.

There is a consultation process under way to turn my area into a conservation area. If it did become a conservation area I presume I still have the right to build my loft to original spec?

Common sense and the local planning officer say that I should, but I just wanted to check to be 100% sure.


Thanks

 

[robduncanplanning]

I'm sorry, but common sense doesnt always go hand in hand with planning legislation. You have a Lawful Development Certificate which confirms that at the time you made the application, the proposed loft conversion would be permitted development. If your property is subsequently incorporated within a Conservation Area, you would not be able to undertake the works as they would not longer meet the PD criteria, irrespective of the fact that you have a LDC. The LDC only relates to the date at which you made the application. You may therefore wish to consider undertaking the works prior to the Conservation Area being designated. If you dont you will need to apply for planning permission.

Regards

Rob Duncan

 

[joe-90]

If he were to say that he'd already started it (and got on with some prep work) then would he be able to complete it? Does it go on the start date?

 

[robduncanplanning]

I'm afraid not - to be considered as Permitted Development you must have completed the development.

 

[joe-90]

This subject is a bloody minefield.

 

[robduncanplanning]

I have the pleasure of dealing with it on a daily basis!

 

[indus]

Rob,

Thanks for your input.

1) Are you sure? A planning officer said I would still have the right to build under my PD rights given that I had a certificate of lawfulness

2) If what you are saying is correct would it also apply to planning permission? So if I had PP to build a ground floor extension would that also become void if my area 'gained' conservation status prior to me starting/completing works?

Many thanks

 

[^woody^]

I'm afraid not - to be considered as Permitted Development you must have completed the development.

Where is the citation for that?

If the work is started even as PD, then it can't suddenly not be PD if the planning regulations change in the meantime

Once "significant" work has started then that enacts the permission ... in this case the PD

 

[robduncanplanning]

It wouldnt be the same for planning permission as you will have been granted that, and the legislationc confirms that once implemented the works will remain in perpetuity, thus enabling you to complete it at some stage in the future. There is not however, to the best of my knowledge, a similar provision for PD. If the Council are happy then you'll probably be ok in any event, but I would err on the side of caution.

 

[jeds]

I'm afraid not - to be considered as Permitted Development you must have completed the development.

I would be interested to see the reference for that. If I had started a side extension 12 months ago and was a month or three off completion and the local authority decides to include my street in the conservation area that would mean I'd potentially have to knock it down.

My advice to the OP is start work and get it confirmed. If the LA do then decide to take action against you my guess is you would be immune but at the least it would almost certainly mean they would be liable for costs.

 

[indus]

The last time I spoke to somebody at the council who was involved with the consultation process for the conservation area status.

Today I spoke to the duty planning officer who basically confirmed what rob said. PD works need to be COMPLETED prior to conservation area status being granted otherwise theoretically ask me to pull it down!

In terms of PP I was told as long as the project was STARTED ie foundations down for an extension, then that would be ok.

The rules on PD do seem a little harsh!

Anyway, I'm hoping to start the loft in the next 10 days and so have it completed before the problem arises.

This does bring me to another question though. In terms of a loft conversion how would you define 'completed'??

Many thanks to all

 

[^woody^]

There is not however, to the best of my knowledge, a similar provision for PD.

But PD is also granting of planning permission - if the works fit into the criteria then planning permission is deemed granted

From the GPDO ".... planning permission is hereby granted for the classes of development described as permitted development"

PD is a 'pre-approval' regime, but it is still formal approval

The criteria regarding commencement and enaction would therefore be the same as with any other granting of permission. I can't see why there would be a distinction, and can't find any references to there being one

 

[indus]

Woody its of course very confusing and I think I understand what you are saying but the bottom line is that a number of people including the duty planning officer seem to make a distinction between PD and PP in this regard.

I can't take the risk and so will assume the worse (unless somebody can give good counter evidence/precedence) and press on and just get the project completed.

I'm not sure if this makes a difference but my proposed loft would NOT have got PP.

I would be grateful if somebody could give me some idea how one defines 'completed' in this context.

Thanks again

 

[jeds]

a number of people including the duty planning officer seem to make a distinction between PD and PP in this regard.

Ask for a reference on it.

There used to be a tactic in planning (under the old PD rules) where you got permission for X and then built Y under PD before you started work on X so that you could end up with both X and Y. The distinction was that the PD allowance would have been reduced if you built X first and might mean that you wouldn't be able to build Y. But you could if you built Y first. The key thing was that the PD element had to be COMPLETED before starting the permitted element otherwise the trick didn't work. My guess is that the planners are getting confused by this old rule. I still can't believe that I would be forced to knock down my 90% built PD extension because of a change in conservation area status.

I would be interested in the reference though - if it exists.

 

[hotrod]

Similar topic:-

//www.diynot.com/forums/buildi...rned-down-due-to-conserbation-changes.288274/

This poster, lpsaengland seems to know his stuff in this area and appears to agree with woody and jeds