This is a continuation of my flat roof problem as I have now reviewed some of the planning history and the minefield has gotten bigger. While the ideal option is to ask the concil, I don't want to open up the can of worms until I have to...
Investigation into legal standing with regards to roof terrace built over flat roof extension
Events listed all take place in the 1990s unless otherwise stated, making existing work immune to enforcement action by the council. The property in question is detached and on a corner plot of a block of six houses.
A flat roof extension to the rear of properties was built with full planning approval.
The flat roof had railings attached and was converted to a roof terrace without planning approval, the owners at the time had been miss-advised that this would be a permitted development.
The neighbours filed a complaint to the council and by request of the planning department, retrospective planning permission was applied for. This was initially refused, but later granted on the following specifics:
• An opaque glass screen 1.8m tall be fitted to the side of the railings to provide privacy for the neighbours.
• A row of conifers at the back of the property are to be maintained to a minimum of 4.5m.
This is the extent that this situation is documented on council files.
However, the glass screens do not appear to have ever been installed, and the conifers have been heavily pruned to a point where they are under 4.5m will most likely die (prior to purchase).
On purchasing this property back in April, we were aware that planning had been granted (albeit retrospectively) for the railings of the balcony. We were also aware of a number of leaks in the roof and that it would require repair. In preparation for these repairs, additional research was done into the planning application, where upon the above specifics had been found.
Preliminary work on the roof revealed that the joists are undersized for a roof terrace as well as showing signs of rot and a complete absence of insulation. Due to this, a full replacement of the roof for a properly rated warm deck roof has been deemed necessary.
This presents the problem. As the building has been in its current condition for longer that 4 years, the council can’t enforce any action, even though it doesn’t conform to the stipulations of the planning application. The situation, however, has changed due to the conifers being pruned.
Additionally, as the re-building of the roof will be required to conform to current building regulations, the appearance will have to change (deeper soffits to accommodate insulation). The existing railings are not secured down, and the easiest route to fix them securely would be to extend the walls around the roof to create a parapet style flat roof with the railings fitted to the top of the coping.
As we have as little desire to oversee our neighbours as they have to see us on the terrace, we are not just happy, but keen, to fit opaque screening (in the form of frosted glass, reed screens ...etc) to preserve privacy. Possibly up to the 1.8m height (above roof deck height)
From this, I have the following questions:
1) Does the pruning of the conifers essentially re-set the planning enforcement immunity of the development?
2) Will re-building the roof to current regulations class as a change of appearance sufficient to require another planning application?
3) Will turning it into a parapet style roof require another planning application?
4) If the railing design is significantly changed to provide more privacy (for example, frosted glass all around), will additional planning permission be required?
5) If the roof was replaced exactly like for like (but to regulation), would the fact that it is new work mean the council could take enforcement action?
Additionally, any other opinions on the situation would be gratefully welcomed.
Cheers,
Fubar.
Investigation into legal standing with regards to roof terrace built over flat roof extension
Events listed all take place in the 1990s unless otherwise stated, making existing work immune to enforcement action by the council. The property in question is detached and on a corner plot of a block of six houses.
A flat roof extension to the rear of properties was built with full planning approval.
The flat roof had railings attached and was converted to a roof terrace without planning approval, the owners at the time had been miss-advised that this would be a permitted development.
The neighbours filed a complaint to the council and by request of the planning department, retrospective planning permission was applied for. This was initially refused, but later granted on the following specifics:
• An opaque glass screen 1.8m tall be fitted to the side of the railings to provide privacy for the neighbours.
• A row of conifers at the back of the property are to be maintained to a minimum of 4.5m.
This is the extent that this situation is documented on council files.
However, the glass screens do not appear to have ever been installed, and the conifers have been heavily pruned to a point where they are under 4.5m will most likely die (prior to purchase).
On purchasing this property back in April, we were aware that planning had been granted (albeit retrospectively) for the railings of the balcony. We were also aware of a number of leaks in the roof and that it would require repair. In preparation for these repairs, additional research was done into the planning application, where upon the above specifics had been found.
Preliminary work on the roof revealed that the joists are undersized for a roof terrace as well as showing signs of rot and a complete absence of insulation. Due to this, a full replacement of the roof for a properly rated warm deck roof has been deemed necessary.
This presents the problem. As the building has been in its current condition for longer that 4 years, the council can’t enforce any action, even though it doesn’t conform to the stipulations of the planning application. The situation, however, has changed due to the conifers being pruned.
Additionally, as the re-building of the roof will be required to conform to current building regulations, the appearance will have to change (deeper soffits to accommodate insulation). The existing railings are not secured down, and the easiest route to fix them securely would be to extend the walls around the roof to create a parapet style flat roof with the railings fitted to the top of the coping.
As we have as little desire to oversee our neighbours as they have to see us on the terrace, we are not just happy, but keen, to fit opaque screening (in the form of frosted glass, reed screens ...etc) to preserve privacy. Possibly up to the 1.8m height (above roof deck height)
From this, I have the following questions:
1) Does the pruning of the conifers essentially re-set the planning enforcement immunity of the development?
2) Will re-building the roof to current regulations class as a change of appearance sufficient to require another planning application?
3) Will turning it into a parapet style roof require another planning application?
4) If the railing design is significantly changed to provide more privacy (for example, frosted glass all around), will additional planning permission be required?
5) If the roof was replaced exactly like for like (but to regulation), would the fact that it is new work mean the council could take enforcement action?
Additionally, any other opinions on the situation would be gratefully welcomed.
Cheers,
Fubar.
