loft conversion under PD - alleged breach

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Hi all,
thought I'd start with what will hopefully be a simple story, but we'll see.

Bought a 1900's end terrace house couple of years back, got a local loft conversion specialist to add 2 rooms on top, within PD. Bit of a saga with the builders (falling through one of my internal ceilings, and also onto a neighbours roof), but all sorted out. Building regs finally received autumn last year.
Couple of weeks back, got an 'alleged breach' notice from Hackney Council, claiming an 'unauthorised loft conversion, and inviting me to either:
a - permanently and completely remove the 'unauthorised work to the roof window'
or
b -apply for planning permission within 28 days
or
c - reply stating why I thought the above do not apply.

I responded via option c, rationale being that loft built under PD.
(and I even have an email from the builder to this effect, not that it's worth much)

Any thoughts on next steps? From reading the forum, seems like next response from the council will be either an enforcement notice, telling me what the actual problem is, or no response.
The loft conversion is quite standard, the loft company do loads of them as there are lots of identical terrace houses, probably now 5 conversions of the same type in our street alone. There are no _side_ windows, the exterior finish is slate tile which broadly matches local roofs, velux windows to front, dormer that is not flush to existing wall (20cm bit), and the plans specify a volume of 39.xx m3. I'm at a loss to understand the councils concerns - and they don't respond to emails or calls...

If I get an EN, I'll appeal - any recommendations on companies who can help with this would be gratefully received - I've found one, they're not local, but seem to specialise in this.

As an aside, I'd like to do more work (side extension) which _will_ required PP - any thoughts on whether that is likely to be affected by the above?
cheers
h.
 
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I'd just give them the details as above and tell them you are satisfied the works are within PD allowance. It shouldn't have any influence on your other application. If the local authority does have some particular reason to disagree they must then decide if enforcement is appropriate, a good use of public money and in the public interest. If it is a small breach of the rules and there are other examples nearby it seems doubtful they would conclude all three of those.
 
There is a protocol the council has to follow before issuing an Enforcement Notice. They should at least advise you in clear terms what the alledged breach is.
Their interpretation of the permitted development rules may be at fault, and discussing these with you first would give you an opportunity to correct them, if that was the case
 
Have you actually checked to see if the others in your are have really been done on PD and that they have not made any application for PP ?

What did you do beforehand to see if it would be covered by PD ?

I have this suspicion that some builders will tell you its covered by PD and do the work knowing that they will have been paid and long gone when you get the problems.

Did you get building regs approval for the work? From the Council?

I never thought that any work that altered the external appearance was covered by a PD ( excepting fitting Velux windows. )

Tony
 
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Just done my checks on what can be covered by PD:-


Planning Permission

Planning permission is not normally required. However, permission is required where you extend or alter the roof space and it exceeds specified limits and conditions.


A loft conversion for your house is considered to be permitted development, not requiring an application for planning permission, subject to the following limits and conditions:

A volume allowance of 40 cubic metres additional roof space for terraced houses*
A volume allowance of 50 cubic metres additional roof space for detached and semi-detached houses*
No extension beyond the plane of the existing roof slope of the principal elevation that fronts the highway
No extension to be higher than the highest part of the roof
Materials to be similar in appearance to the existing house
No verandas, balconies or raised platforms
Side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor
Roof extensions not to be permitted development in designated areas**
Roof extensions, apart from hip to gable ones, to be set back, as far as practicable, at least 20cm from the original eaves
The roof enlargement cannot overhang the outer face of the wall of the original house.
 

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