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Porch infill Planning Issue

Discussion in 'Building Regulations and Planning Permission' started by skybluescooby, 26 Feb 2013.

  1. skybluescooby

    skybluescooby

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    Hi All,
    I am looking to "fill in" part of my entrance area as shown.
    Picture 1 is how my house currently looks and picture 2 is what I intend to do with said gap.
    I have contacted the council and they say it needs planning permission despite it being 1.8mtr wide, 1.5mtr deep and way under 3mtr high. It is about 10mtr from the footpath as well, This is what the council said...

    Having checked the original planning approval for the estate in 1992 (92/1988/P) condition 8 of the decision notice contained a condition whereby the properties cannot be extended or altered in any way without the prior approval of the Local Planning Authority. Therefore if you were wishing to construct the infill porch an application would be required for planning permission consent.

    As the development would normally have been classed as permitted development if the permitted development rights had not been removed on the original planning permission, providing the ground floor area of the porch (measured externally) will be under 3 square metre, no part of the structure will be over 3 metres and the porch will not be within 2 metres of the highway there will be no fee for the planning application


    I am now confused as I have never submitted a planning application before and from research everyone states planning is not required. One other point is if I have to get planning would I have to now employ a builder as myself and a brickie mate were going to knock it up over a few weekends.

    What could happen now If i just went on and built it regardless as I feel it falls within the guidelines of a permitted application and I cannot find any reference to the councils planning condition online ?
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  3. freddiemercurystwin

    freddiemercurystwin

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    Sounds like your house has had its Permitted Development rights removed. This is often the case in more recent developments, you would find it listed as one of the conditions in the original planning approval for your property. They do this to restrict the development. therefore it requires planning permission.

    It is possible that the council may have removed the rights as part an Article 4 Direction although the former (ie removal at planning approval) is far more likely. http://www.planningportal.gov.uk/permission/responsibilities/planningpermission/permitted

    Therefore you (lawfully) must apply for planning permission which for all intensive purposes is identical to a normal householders planning application but provided you keep within the limits set by permitted development then the fee will be wavered. I'd be pretty surprised if it were to be refused and I'd be gobsmacked if it were refused if your neighbours have already done similar things.

    If you just build it they will probably do little more than write you some snotty letters and ask you to apply, though it will stay on council files for ever and would never be legal development. After 4 years you would become immune from prosecution though as mentioned it would never be legal unless you did a retrospective application.
     
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  4. tony1851

    tony1851

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    ......and you and your mate can build it yourselves regardless.
     
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  5. skybluescooby

    skybluescooby

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    Many thanks for that post and it now makes sense what you have said as I believe there was some sort of covenant on the land as one of my neighbours build a small 30cm brick wall around his front garden and weeks later he was told to remove it as the estate (15yr old) was an open plan estate.

    One question though, After having submitted the application which i do not have a clue how to do would I be permitted to build the porch with a brickie mate who will be doing it for a bit of spending cash or do i now have to appoint a builder ?
     
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  7. luisdesign

    luisdesign

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    Whether you apply for planning or not you can ask anyone to carry out the works. Of course, you'd want someone competent... like a brickie! ;) hehe.

    If you want to submit the application yourself then you can either do this online through the Planning Portal or you can download the planning forms from the council website.

    Depending on where you live, some councils may be willing to simply accept the pictures (with written dimensions on) you have as a way of illustrating the proposal. Other may want scaled plans and drawings in order that their admin teams can "tick the right boxes"... :rolleyes:

    Either way, as already mentioned to you, you will not have to pay any fee to the council for this application.
     
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  8. freddiemercurystwin

    freddiemercurystwin

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    Really? Which authoritys accept photo's instead of drawings?
     
  9. luisdesign

    luisdesign

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    I only said that some councils may accept pictures. I've not done it myself, as I'd always be working with drawings anyway. But I have heard of it being done.

    But, the purpose of drawings is simply to help illustrate the proposal described in the application form. If you can accurately illustrate the proposal in another way then there should be little reason that it would not be sufficient. Technically, the form is the key element everything else is just to help provide the necessary information for a planner to make a decision. The point I was really trying to make is that councils tend to have a tick box checklist which often requires you to provide more information than is necessary...
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  10. skybluescooby

    skybluescooby

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    Hi All,
    MANY THANKS for your help on this one, I managed to speak with planning today and they confirmed what freddymercurystwin said, almost word for word.

    I have had it agreed in principal but still need the planning application to go in as a formality I feel, Building control have also said it is exempt and given me the all clear.

    Just have to submit the plans and the application then I should be all go.

    Once again, your assistance has been invaluable and I thank you all :D
     
  11. DIYnot Local

    DIYnot Local

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