Please help, do I really need planning permission?

[pete47]

Okay, what a nightmare I'm having.

I had plans (not planning permission) approved for a bungalow extension last July which at the time was allowed under permitted development.

So when I booked the building inspector to visit last month I receive a letter from the council saying due to the change in regs last october I NOW need planning permission because of this rule,

Maximum eaves and ridge height of extension no higher than existing house.

Surely if they are interpreting this correctly that means every bungalow extension would require Planning permission as the flat roof always joins into the roof thus meaning the eaves on the flat roof would always be higher?

Has the planning officer misinterpreted the rules? I thought the new regs were supposed to reduce planning permission?

Please help

 

[noseall]

So what your saying is, the plans were approved by planning and then the permission revoked?

Or, were the plans never submitted to the planning department and that you assumed your P.D.R. was permission enough?

 

[pete47]

So what your saying is, the plans were approved by planning and then the permission revoked?

Or, were the plans never submitted to the planning department and that you assumed your P.D.R. was permission enough?

Hi, we submitted the drawings and they came back as passed but it was not planning permission as at that time it was permitted development. This was in July. In October they introduced the eaves rule and applied that to our extension as we hadn't commenced work.

I just don't think that rule can apply to flat roofs as our LA are saying as it would mean all bungalow extensions would need planning permission?

 

[jeds]

They've not got it wrong. The eaves height rule was introduced in the new GDP. Did you start work before 1st October 2008?

Edit. Sorry, posts crossed in post. You're stuffed. The GDP makes no allowance for flat roofs and the local authority has no discretion. Daft, but not a lot you can do.

 

[freddiemercurystwin]

http://www.planningportal.gov.uk/england/genpub/en/1115315206517.html

 

[pete47]

They've not got it wrong. The eaves height rule was introduced in the new GDP. Did you start work before 1st October 2008?

we had started digging the foundations but we didn't have the building inspector round which is their definition of commencement

 

[freddiemercurystwin]

But they only have your word for it that you'd dug the foundations before Oct assuming you had?

 

[pete47]

But they only have your word for it that you'd dug the foundations before Oct assuming you had?

Yeah, I've been down that road and they won't accept that we'd commenced work.

So does that rule mean all bungalow extensions need permission?

 

[freddiemercurystwin]

If they don't meet the requirments under Permitted Development then yes.

 

[jeds]

I would write straight back to them and tell them you started work on zyx date and therefore the works were started prior to the new GDP coming into effect. It would of course help if you had a verifiable record of the exact date. i.e. an invoice or diary record from your builder or a receipt from B&Q for a pickaxe.

Crossed again! Their definition of starting is wrong. The start date is when you carry out some significant or substantial work. There is case law that pegging out amounts to starting work.

 

[pete47]

I would write straight back to them and tell them you started work on zyx date and therefore the works were started prior to the new GDP coming into effect. It would of course help if you had a verifiable record of the exact date. i.e. an invoice or diary record from your builder or a receipt from B&Q for a pickaxe.

good idea but their definition of commencement is having the building inspector round for initial site visit. Of course if we knew they were changing the rules we'd have had him round straight away but nobody knew until they did it.

I thought the new rules were meant to make it easier to extend but this is the opposite for all bungalow owners.

 

[freddiemercurystwin]

I would write straight back to them and tell them you started work on zyx date and therefore the works were started prior to the new GDP coming into effect. It would of course help if you had a verifiable record of the exact date. i.e. an invoice or diary record from your builder or a receipt from B&Q for a pickaxe.

Aye always worth a go. A photo with a date might swing it.

Why are the eaves on your extension higher than the existing?

 

[pete47]

I would write straight back to them and tell them you started work on zyx date and therefore the works were started prior to the new GDP coming into effect. It would of course help if you had a verifiable record of the exact date. i.e. an invoice or diary record from your builder or a receipt from B&Q for a pickaxe.

Aye always worth a go.

Why are the eaves on your extension higher than the existing?

Currently our eaves go right down to the top of the window frame so the extension flat roof joins into the pitch and the eaves are like a normal flat roof about 3-4 courses up

 

[freddiemercurystwin]

So is your ceiling inside higher than the top of the windows then? It seems odd to need to keep the new flat roof higher than the existing eaves. EG http://images.google.co.uk/imgres?i...on&start=36&gbv=2&ndsp=18&hl=en&safe=off&sa=N

You could try these people for some advice: http://www.planningaid.rtpi.org.uk/

 

[pete47]

So is your ceiling inside higher than the top of the windows then? It seems odd to need to keep the flat roof higher than the existing eaves. EG http://images.google.co.uk/imgres?i...on&start=36&gbv=2&ndsp=18&hl=en&safe=off&sa=N

Tou could try these people for some advice: http://www.planningaid.rtpi.org.uk/[/QUOTE]

thanks for the link, I'll check it out

The ceiling height is about 400mm higher than the top of the windows so the only way to maintain the same ceiling height in the extension is to have higher eaves

our eaves come down lower than the ones in the pic