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Planning permision nightmare

Discussion in 'Building Regulations and Planning Permission' started by Kanwar, 28 Aug 2016.

  1. Kanwar

    Kanwar

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    Hi
    Its my first experience with planning permission. We bought a terraced house which already is 2 flats but not full seperated .Its been on council books as flats from 20 year has 2 gas/ electric meters.

    Now we wanted to full seperate them and extend
    Ground floor flat will be extended at back with kitchen / living room extention.
    Upper flat will be extended into loft which will have 2 bedrooms & bathroom .

    I am looking for a advice what application we need to put in for planning permission as both are seperate flats and have been given different info of household application or lawfull development.

    It would be great if someone who has done this before /professional can give us advice .

    Regards Kanwar
     
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  3. tony1851

    tony1851

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    If they are in flats, permitted development will not apply, and you would need to submit a full planning application (not a householder application) for any development on each flat.
     
  4. Nakajo

    Nakajo

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    Don't be so hasty. Let's think about this one for a bit...
     
  5. freddiemercurystwin

    freddiemercurystwin

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    Nakajo, Tony'spot on.
     
  6. ^woody^

    ^woody^

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    If the OP bought a house then it's a house, and PD applies.

    He didn't say it he bought two flats.

    What do the deeds say?

    I'm pondering with Nakajo
     
  7. if your keeping it as 2 flats then each flat needs its own full planning permission,double fees.sorry to say.
    leaseholder/freehold issues, restrictive covenants,etc small print all needs to looked at.
    building control will also be x2 again double fees.
    so many other aspects to consider,maybe employ a professional paper cruncher.(Architect, Surveyor or a Planning Consultant).

    Good luck.
     
  8. Nakajo

    Nakajo

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    In general, dividing an existing house into flats requires planning consent, but joining two flats back into one house does not (but see Richmond v SSETR) - so an LDC may be sensible. So, these works could be done under permitted development, if you were confident that a) the LPA did not consider the amalgamation of the units as a material change, and b) that the LPA would subsequently grant consent for the re-subdivision of the property (assuming that was even strictly necessary).
     
  9. freddiemercurystwin

    freddiemercurystwin

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    He's keeping them as flats and the council have recognized them as flats for 20 years.
     
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  11. Nakajo

    Nakajo

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    So, the LPA should have no problem accepting them as flats again, when the OP comes to re-subdivide the property after carrying out the works under PD.
     
  12. tony1851

    tony1851

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    But if the house is in flats, it doesn't benefit from p.d. rights.
    He could convert it to one house again to benefit from the p.d. rights, though there is some case law which suggests that might be a planning issue, particularly if there is a declared shortage of housing in the area.
    But if he then converted it back to flats, that would need a planning application; at that stage, it could be refused on grounds such as lack of off-street parking etc.
    (planning policy may have changed since the first use of the house as two dwellings).
     
  13. Nakajo

    Nakajo

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    Bangs head against wall. Is there an echo in here?
     
  14. tony1851

    tony1851

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    ???
     
  15. freddiemercurystwin

    freddiemercurystwin

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    They already think they're flats.
     
  16. Kanwar

    Kanwar

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    Thanks all for putting in your efforts!!
    Yes it is 2 flats already..so what i read from your replies is that i would need to make 2 different planning household applications for both flats . Is this right??
    Also i would like to know what will be the maximum loft conversion in volume/size me can apply .
     
  17. ^woody^

    ^woody^

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    How can the OP buy a house and then find that is two flats? He either buys two flats or he buys a house. Not both.

    So again, what do the deeds say? What did you buy?
     
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