Planning permission approved - removing PD rights

4 Feb 2017
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United Kingdom
I've had planning permission approved to demolish and rebuild a much larger property.

However, the council have removed my PD rights if this is carried out.

The planning approval is valid for 3 years.

Could I build an outbuilding under PD rights - class E with the current house (double garage, workshop, gym, games room etc) and then in a couple of years implement the planning approval? i.e. demolish the existing house and rebuild the larger house? leaving the outbuilding untouched at the rear of the plot?

Is this legally possible?
Thank you all
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Yes.Perfectly legal as long as you don't do anything that could be construed as somehow implementing the planning permission .
However, the council have removed my PD rights if this is carried out

It's that how it has been worded, or have they been removed as part of the granting of permission?

Anyway, if you significantly change the existing building, then the permission could be invalid as it has been granted based on what is there now - the permission will say something like "in accordance with the summited plans reference xxxxx". So could need further approval when the time comes.
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Is this legally possible?

It certainly does happen - see an earlier post on it where one of my neighbours was doing it...

I see Woody's point though. You may be on a sticky wicket if your planning permission is titled "demolish existing house and outbuildings to replace with new dwelling" and then the plans show that.

I'm interested in this myself, given that I'm potentially embarking on something similar, albeit extensions at either end of a 13M wide dwelling, rather than a demolishion. My plans for the 'full permission' extension show absence of extension at the other end of the building on both the 'existing' and 'proposed' plans.
I'm interested too, my approved side extension doesn't have any reference to a planned PD rear extension.
Garyo /RichA, do your permissions for extensions really confiscate your PD rights?
Mine - Don't know yet but I've done a lot of negotiation with the LA about gross floor area (greenbelt) to get them happy so I wouldn't be surprised if they do. If they didn't, it'd make a bit of a mockery of the conversations we've been having. Any experience of that cjard?

I'm preparing for the eventuality anyway!
I think a lot of the conversations I've had with planners over the years has been in the spirit of them imparting their opinion rather than them imparting their policy, a sort of passive development steering rather than the active denial they know they may not take. Whether extensions confiscate your PD should be possible to research by looking at other local approvals, but with a 13m wide house you really could make that thing massive under PD* if you have the room, so why bother with the planners at all?

*especially if that recent court ruling about incrementally developing already extended properties applies in your case
but with a 13m wide house you really could make that thing massive under PD* if you have the room, so why bother with the planners at all?

Yes indeed. Our issue is all about bedroom space. It's already a bungalow with pretty generous downstairs space, but upstairs it's 3 bedroom and pretty pokey.

That's all inherent with the chalet bungalow design, so PD allowing us to 3 metres back in two storeys can only do so much. Hence me playing the game PP/PD.

I'm pretty keen monitoring local activities past and present and so far have only seen one confiscated PD rights. That was a change of use from stables to residential.
Would making the upstairs the living space work out well for a view? A mate of mine did a loft conversion for his bungalow and it became the lounge. It didn't matter thst headroom was limited in the eaves because it became toy storage, av equipment location and hiding places for his child, while the adults could walk down the centre to get to the massive couch at one side and watch the massive tv at the other side. The bedrooms on the gf made them naturally cooler, and it has some other seldom considered benefits such as being easier to escape in a fire. He still has one end of the house given over to a kitchen dining room opening out onto a large patio with the bed/bath clustered together at the other end. Remember that the neighbour scheme gives you larger single storey extension capability too

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