Lapsed Planning Permission LDC & Permitted Development h

[trevorhp]

Hi All,
Help?
I am new to this forum so please excuse me if I am going over an old topic...however this may be a new twist.

I have just purchased a site which has an existing single storey 3 roomed dwellinghouse and an LDC for two thirds of the half acre site.

The previous owner applied for and was successful in obtaining planning consent for a 2 storey replacement building which was far larger and superior to the existing one.

However all of the permitted development rights were given up as part of the conditions attached to the permission.

This planning permission has now lapsed and I need to know if the loss of permitted develpoment rights carries over or can I go ahead and extend/build garages etc within the PD rights relating to the existing building?

I know about article 4 orders but cannot find out if one has already been applied to the site and I am fearful to ask the County Council planners in case they apply a section 4 to the site now.

Any Help would be most gratefully received ...I feel nervous about asking locally as you never know who has an interest.

Thanks in advance

ps the selling agent is local parish councillor .....tangled webs, conspiracy theories and all that good stuff.... going on in my head.

 

[^woody^]

If the removal of PD was a condition on the planning permission, then that will lapse with the permission

IF the PD has been removed permanently (Article 4 Directive) then they have been removed permanently

 

[trevorhp]

Hi 'woody'
Thanks for the reply.
I cannot see any mention of a permenent order, is there any way to find out, other than the permission document.
tp

 

[freddiemercurystwin]

The fastest (maybe the only?) way to find out will be to phone the planners direct. They won't just apply an article 4 direction and it often applies to areas rather than individual dwellings.

 

[trevorhp]

I am unwilling at the moment to ask the planners as the site has chequered history

...occupied lawfully since 1920, illegally refused LDC by planners originally....appealed succesfully by the then owner (who was chair of the Parish council)
The plot is designated as an area of great landscape value (but you would never guess it as it is pretty poor stuff...& I am a qualified Landscape architect) ... it is also outside the village plan area.

Is there another way to find out about article 4 that could or may already be applied to the site/area?
thanks

 

[freddiemercurystwin]

Maybe in your deeds. Trouble is though that talking to the planners is the definitive way to find out. Might be on your councils website though eg http://www.lbhf.gov.uk/Directory/En...e_4_directions/67954_Article_4_Directions.asp or http://www.brighton-hove.gov.uk/index.cfm?request=c1181974

 

[^woody^]

All you need to do is go to the council office, and ask to see the planning history for the site. Anyone can do it, lots of people do it for various reasons, and the duty planner or clerk wont think nothing of it. You can take or ask for copies but they may charge for this. Or just make a FOI request

You may be able to check the history on line too

 

[trevorhp]

Brilliant info folks thanks a lot I will sleep a little more easily tonight and wake up ready to interpret the PD rights that will apply to this site.....roads on 3 sides and bridleway on the other...although 3 are a 'substantial' distance away...however that will be interpreted...in relation to the plot or the distance to alpha centauri...who knows.
Thanks again