Permitted Development - Do I Need To Ask?

[JP_]

Maybe a daft question, maybe not!

We have permitted development rights for various things, e.g. garage conversion, loft conversion, small rear extension (that does not exceed size for neighbourhood consultation). So, does this mean you can just go ahead and start building (and letting building control know 48 hours before, and having that engineering done etc).?

Because, I see a lot of people putting planning permission in for permitted development alterations, and wondering why they do it.

An example. Place I am hoping to buy is small, but has a big garage. The garage would eventually either be converted or knocked down and rebuilt as part of house. Hopefully just converted. If I move in, can I just convert that garage straight away? No structure alterations required (OK, maybe a foundation for the front wall & window).

Do I need to go through the 8-12 week process of getting the council to say its OK? Or, as Nike says, Just Do It?

 

[^woody^]

Because, I see a lot of people putting planning permission in for permitted development alterations, and wondering why they do it.

They are stupid.

They called it Permitted development for a reason

 

[JP_]

That's what I thought!

 

[Nozzle]

For certainty, you could get a Lawful Development Cert.

Nozzle

 

[garyo]

Solicitors are stupid and people have learned that a LDC is the most sensible way forward if you intend to sell without it being a pain and spending the same amount on indemnity etc. Do you intend selling soon and how choppy do you want the process to be?

 

[freddiemercurystwin]

Solicitors are stupid and people have learned that a LDC is the most sensible way forward if you intend to sell without it being a pain and spending the same amount on indemnity etc. Do you intend selling soon and how choppy do you want the process to be?

Yes but buyers can be equally stupid and uneducated in such matters so LDC's can be useful though not in woody world where mind control alone is used to ensure the buying process is free from such annoyances.

 

[RichA]

People often misinterpret PD rules**, a LDC adds certainty.

** Evidenced by plenty of PD LDC applications getting rejected for not following rules, or council interpreting grey areas within rules differently to applicant.

 

[^woody^]

Yes but buyers can be equally stupid and uneducated in such matters so LDC's can be useful though not in woody world where mind control alone is used to ensure the buying process is free from such annoyances.

Join me in my quest to rid the world of stupid people.

 

[^woody^]

The whole purpose of PD is to remove the bureaucracy from simple planning matters, and free up the planning system and planners time by pre-approving certain development. Otherwise why even have it in the first place.

So it's annoying when people who are supposedly planning professionals advise their clients to get LDCs and this in turn leads to Mr and Mrs Householder thinking that they need LDCs for everything and need them for house sales, and in turn leads to conveyancers wanting to see LDC's.

The whole thing is a nonsense. And it's being perpetuated by idiots.

 

[Nakajo]

I find myself in the awkward position of agreeing with everything Woody just said. The force is strong in this one.

 

[freddiemercurystwin]

You enjoy a good spiel woody but you don't seem to have the answers.

 

[garyo]

Agreed, it becomes self perpetuating.

It saddens me to say it, but if you can afford the time delay then I can't see why anyone wouldn't spend the £200 on an LDC. I'm just about to submit one myself.

 

[^woody^]

You enjoy a good spiel woody but you don't seem to have the answers.

The answer is to stop telling people that they need a LDC when they don't.

On surveys I check planning permissions and check whether any work would be PD or not, and I tell the client and their Solicitor that fact too - even on the most basic surveys. And when I can, I will tell the seller too, and that removes their worry and smooths the sale.

And when doing plans I will tell what is and is not PD and non of this "well, maybe, might be" nonsense.

Those are the answers. And they are quite simple.

 

[tony1851]

Problem is that the law on permitted development - as laid down in the GPDO - is often open to interpretation, and the Technical Guidance issued by Communities and Local Government often doesn't help either. I think there have been at least two High Court cases where the Guidance has been found to give incorrect interpretations of the law.

 

[^woody^]

, a LDC adds certainty.

So does applying for planning permission.

And you can't vary a LDC permission one bit. So it's not actually the most appropriate route for almost all the types of jobs it is often used for. It offers no protection from enforcement if the work is altered to that on the application.

So perhaps it's more correct to say that it adds rigidity instead.