PD rights in Planning Permission

[Council]

Hello,

I own a terraced house between a shop and a residential house. The neighbours told me that they won't object to my proposed plans.

I want to apply in 1 full planning permission application for part change of use from residential to shop, 6m single-storey extension and a L-shaped rear & side extension loft dormer.

Do you think there is a greater risk of planning refusal due to the scale and bulk of development? The 6m single storey extension and 40 cubic metre loft dormer falls under PD rights. Can the Council refuse planning permission even though the government legislation says it is allowed?

For part change of use to shop, the policy states that there should be 'no loss of residential accomodation unless replaced by at least equivalent floorspace.' The large extension and loft dormer should re-provide the lost residential floorspace.

I have asked my planning consultant and architect, and they don't seem to be sure about PD rights. Also, I don't want to pay £3000 to the Council for pre-planning advice.

I will very much appreciate your suggestion and opinions.

 

[chappers]

If you have a planning consultant who doesn't understand PD then I would suggest finding one who does, PD must always be the base level of any fight with the planners surely.

 

[^woody^]

Do you think there is a greater risk of planning refusal due to the scale and bulk of development?

No, I think there is a greater risk of refusal due to the proposed change of use to a shop.

 

[Council]

If you have a planning consultant who doesn't understand PD then I would suggest finding one who does, PD must always be the base level of any fight with the planners surely.

I probably would have chappers, if I had not paid his starting fees of £1000. You are right, even if my application does go into appeals, PD rights should be the base of my argument.

What confuses me is that if the government says you can build the 6m extension and loft dormer under PD, but when it comes to planning permission, the Council will call it an 'over-development' or 'out of scale for the dwellinghouse.' The planning system is very strange.

No, I think there is a greater risk of refusal due to the proposed change of use to a shop.

Change of use aside, would there be a greater risk of refusal when submitting the 6m extension and loft rear & side dormer in 1 planning permission, as opposed to having a seperate application for the certificate of lawfulness first?


So my revised plan would be:

1. Submit seperate application for certificate of lawfulness for the proposed loft & side dormer.
2. Gain approval for certificate of lawfulness.
3. Submit planning permission application for change of use, 6m extension and loft & side dormers.

Would this strategy make a difference? Or does it not really matter if I get the CoL first, as a protection?

 

[^woody^]

A LDC just states that the proposed development is lawful or not. It's not a subjective opinion based on anything else, or anything that you might do in the future, so it does not matter whether you submit this before or after a planning application.

 

[nab]

Hello,

I have asked my planning consultant and architect, and they don't seem to be sure about PD rights. Also, I don't want to pay £3000 to the Council for pre-planning advice.

I will very much appreciate your suggestion and opinions.

£3000. Who told you that? your agent perhaps?

pre application advice in my local authority is £200. Look on your local council website. I can;t believe that it will be £3000. In a lot of ways a pre-app is better than early / initial agent advice because the advice comes straight from the horses mouth. but the agent will charge more.

the pre-app will check your proposal against PD, as far as it can according to the level of information you give them. you don;t have to provide scaled architects drawings at pre-ap stage so it can be done very cheaply indeed. you can also pay a bit more for a site visit though (highly recommended). The council will give you an indication of what would likely to be approved and what wouldn't and you will be able to modify your proposal to fit in with policy. Then you can get an agent involved for the application if you so wish. Or you can look on the planning register of your local council and use a successful application as a template to base your application on.

I know you've already paid for the agent, but sometimes an agent will just try to milk it.

Also with regards to PD there is a very useful document called Householder guide to permitted development. It simplifies PD and makes it intelligible to anyone who wants to sit down with a cup of coffee for the day and put in a bit of concentration on the subject.

 

[nab]

No, I think there is a greater risk of refusal due to the proposed change of use to a shop.

mixed use development will be a big plus point on your application i think as the NPPF and local plans like to site people as close to work as possible.

 

[^woody^]

mixed use development will be a big plus point on your application i think as the NPPF and local plans like to site people as close to work as possible.

Like having a load of shops and takeaways on the residential housing estate you mean? Can't get any closer than that.

 

[nab]

unless you live under the shop counter in a sleeping bag

 

[nab]

not a plus point then? (i'm still new to this and learning al the time)

 

[^woody^]

not a plus point then? (i'm still new to this and learning al the time)

Not really.

"Mixed use" tends to refer to large schemes, not a flat above a shop.