Permission required?

[noseall]

Hi folks, we have a standard 3 bed semi that was extended (two storey under P.P. and Reg's) about 12 years ago. I also built a conny off the rear elevation about two years after the extension was built, but without seeking P.P. It been up 10 years with no complaints.

The missus would now like that turning into a proper extension. No problem on the building front or with satisfying LABC. Foundations have been built as per proper extension.

However, will I need to seek P.P? The building will remain on exactly the same foot-print. In fact I shall be extending the existing dwarf walls upwards albeit with more wall and less glass. The roof I'm guessing will end up a wee bit higher at the ridge and at the eaves.

Thanks for any feed-back.

 

[motorbiking]

Its not about the existence of the conservatory and its lawful development status, its if you've used up your permitted development rights : https://www.planningportal.co.uk/info/200130/common_projects/17/extensions

Assuming you have, then yes converting your conservatory into an extension will require permission. its also highly unlikely "building up" the dwarf walls will give you the required thermal insulation needed for building control. They might also get funny about not seeing the original foundations. If there is no door between the conservatory and the house then you would have the original sign off for BC on the conservatory, so that might help.

 

[tony1851]

Here's my take fwiw :

(assuming the conny was built off the rear of the 12-year extension), then yes, p.p. would be required as the whole extension (ie 2-storey + altered conny) would be looked at as one extension; this was very recently confirmed in the latest revision of the p.d. rules.
This would apply even if the conny was built partly against the rear wall of the original house, and partly against the rear wall of the extension.

However, if the conny was built solely against the rear wall of the original house (ie there was no physical join between it and the extension), then whether or not its' rebuilding would need p.p. would depend on its size.

If more than 3m out from the rear wall, or the eaves would be more than 3m high, or the overall height to top of roof would be more than 4m, then it would need pp. Keep within those dimensions and it would not need p.p

 

[noseall]

The conny is solely attached to the original house.
Thanks folks.
@ motorbiking.
I'm up to speed with all things Building Reg''s so am aware of test holes, thermal upgrades etc.

 

[^woody^]

If anything is rebuilt completely or substantially (even on the same footprint), then it comes into the scope of planning regulations and is treated as a new build and assessed against the current PD or full planning rules. It wont matter if the conservatory has a previous permission or is deemed lawful due to time, replacement is still treated as new development.

If its not PD and needs permission, then things like the 45° rule may apply even if the current conservatory breaches it.

 

[chappers]

Are you sure about that Woody. I know this is slightly different, but a couple of years ago I did a planning app for a friend, the extension breached the 45 degree rule, by a country mile, but was passed, based on two criteria.
1) the eaves height at the boundary was kept to the same height as the existing 2m high close boarded fence and the roof pitch below a certain angle(can't remember exactly what)
2)The neighbours window which was affected had been obscured by a corrugated plastic lean to construction

 

[^woody^]

)The neighbours window which was affected had been obscured by a corrugated plastic lean to construction

That's why then

 

[John D v2.0]

Well the 45 degree rule is just a guideline anyway, but the point was if you replace something you might have to conform to stricter requirements.

 

[freddiemercurystwin]

nosey post a sketch of the house pre any extensions and it's layout now.

 

[noseall]

nosey post a sketch of the house pre any extensions and it's layout now.

Ignore the shack part of the original it would have been an addition by the previous owners.

Noseyplan

• noseall
• 21 May 2017

 

[tony1851]

It's straightforward really; as long as it doesn't project more than 3m from the original rear wall, has a new eaves height of not more than 3m, and overall height of not more than 4m, it's p.d., pure and simple.
The important proviso is that if you widen it, it musn't encroach on the rear of the side extension.
(If you wanted to go further out into the back garden (up to 6m) you could try the (free) prior notification scheme, assuming the neighbours did not object).

 

[freddiemercurystwin]

Ahh, all as Tony's post, now why didn't you post a sketch in the first place and save all that drivel! Bloody forum noobs!

 

[clive12345]

Do not forget "No more than half the area of land around the "original house"* would be covered by additions or other buildings."
Thanks for your help in the past ,