permitted development and distance from boundary

28 Jul 2011
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United Kingdom
I have a double garage which at present has a flat roof.
The wall nearest my neighbour is 2 metres from the boundary. I wish to replace the flat roof with a pitched roof with approx. 2 feet of eaves overhang. Can I build this pitched roof under permitted development or does the fact that the fascia/gutter is nearer than 2 metres from the boundary disqualify me from doing this, even though the wall is 2 metres away. Any advice most welcome.
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You are in no-mans land. There is no specific clause on this situation. There have been one or two appeals that went in favour of distance being determined by the walls and there have been one or two contradictory appeal decisions where the eaves were found to determine the distance. To be safe you will need to apply for a certificate of lawfulness but it is probably better to apply for planning permission because even if it's not 'lawful' under PD they could then still approve it.
Get on the website and look at the planning guidlines, for this issue.

This is what the planners must conform to.
You will then know where you stand,

Bear in mind that at present the government is scrapping a lot of planning bull and much will not need planning in future.

If your nieghbour has no objections then planning will fall away on many items.

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