Principal elevation of a house

[gnougnoume]

I apply for a certificate of lawfulness for single storey rear extension and I got it.
This is a terraced house in a close, and the back of the house with a patio faces a highway and the front faces a footpath and communal gardens.
Most people use the back as the fornt entrance and everybody think the back is the front. The council in their letter of approval wrote:

whilst the extension fronts a highway, in this case the principle elevation is the western elevation which fronts the public footpath and grassed area. The front entrances of the properties are located
on the western elevation.

So this is clear and to our advantage really.
Now we started work and the building control came to check because someone complained ( i bet my neighbour who is jealous we are doing this) we were building at the fornt and not at the back and even the guy said the front was where the postman come, but i read this is not always the case.
Can building control object to us building the extension?
We have done everything by the law.
between the back patio and the large footh-car path is the drive way, and at the fornt the foot path is about 3 metres from the door.

 

[^woody^]

Building control have nothing to do with principle elevations or where you build an extension.

Their only remit is to check that it is constructed properly

 

[gnougnoume]

Building control have nothing to do with principle elevations or where you build an extension.

Their only remit is to check that it is constructed properly

I called the council and it is them who sent him to check what we were doing after they had received a complaint. The lad was quite inexperienced and all she said is that she would get back to me but i could continueon building but they had a duty to respond to the complaint.

 

[^woody^]

Was the lad from the

Building control dept

or

Planning dept

 

[gnougnoume]

Was the lad from the

Building control dept

or

Planning dept

he was from the building control dpt

 

[^woody^]

In which case he can only check that the building is being built in accordance with your building regulation application, and he has no remit to comment on the siting or any planning issues

 

[gnougnoume]

In which case he can only check that the building is being built in accordance with your building regulation application, and he has no remit to comment on the siting or any planning issues

We just sent the application so basically he has not received it yet. but he measured the front and back garden and he commented that where we were building was the front because that's where the postman comes. we told him thatthe council said it was the back ( see my original post).
Can the council change its mind and say that after all it is the front and notthe back?

 

[mattylad]

Put a sign on the gate.

"Postman, please use the access on the other side of the house"

 

[gnougnoume]

Put a sign on the gate.

"Postman, please use the access on the other side of the house"

seriously, can the council say they made a mistake?
even in the surveyor report when i bought the house it does say it is the back of the house.

 

[^woody^]

I'm confused if we are talking about planning permission or building regulations

Anyway, if you have been granted a LDC, and your application was accurate with the correct details, and you are building in accordance with the LDC, then there is nothing the council can do about that.

Whether this is relevant or not, but in planning terms there is a concept of the "principle elevation", and this if the elevation which would be considered or designed to be the front of the house, and does not have to be the elevation facing a road. Whether that has anything to do with things I don't know, but sometimes people make mistakes with their applications

 

[gnougnoume]

I'm confused if we are talking about planning permission or building regulations

Anyway, if you have been granted a LDC, and your application was accurate with the correct details, and you are building in accordance with the LDC, then there is nothing the council can do about that.

Whether this is relevant or not, but in planning terms there is a concept of the "principle elevation", and this if the elevation which would be considered or designed to be the front of the house, and does not have to be the elevation facing a road. Whether that has anything to do with things I don't know, but sometimes people make mistakes with their applications

I got my certificate of lawfulness and the council stated that the back of the house is definitely where we are planning to build the extension but someone complained that we are building at the front. they sent this guy from building control to check it out. i suppose once it is granted it cannot be withdrawn? even if they could say now that the back is on the other side? when we applied we were not sure which was what and the council sent 2 inspectors who said that in fact the front of the house was in fact the back even if people use it to enter their property.
they said in writing:
The council in their letter of approval wrote:

whilst the extension fronts a highway, in this case the principle elevation is the western elevation which fronts the public footpath and grassed area. The front entrances of the properties are located
on the western elevation.

 

[rjm2k]

As above, BR has nothing to do with Planning. Unless you failed to disclose something in your application I doubt they would be able to revoke it, (google Certificate of Lawfullness Revoke and look at the kind of situation that would be needed to do so).

The fact that they have specifically considered and stated what they consider to be the front of the house suggests even more that it's unlikely to change.

http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf

"In most cases, the principal elevation will be that part of the house which fronts (directly or at an angle) the main highway serving the house (the main highway will be the one that sets the postcode for the house concerned). It will usually contain the main architectural features such as main bay windows or a porch serving the main entrance to the house. Usually, but not exclusively, the principal elevation will be what is understood to be the front of the house."

I think in the text above the bold bit is the important bit for you.

With it being a non-detached just make sure you don't break any rules re size, ie no more than 3m out and 4m high etc. See the document above for further details, but it all depends on what PD rights your property has (assume because it's old they haven't been restricted by planning)

Maybe they sent a muppet from the BC dept as a test to see if he realised that Planning is nothing to do with them! Or maybe with all the cuts, the Planning Dept are borrowing people from the BC dept.

 

[jeds]

Just ignore them. As stated above, if you have a CLD there's nowt they can do. And it has nothing to do with building control anyway. What and where you can (or can't) build is a planning matter.

 

[gnougnoume]

As above, BR has nothing to do with Planning. Unless you failed to disclose something in your application I doubt they would be able to revoke it, (google Certificate of Lawfullness Revoke and look at the kind of situation that would be needed to do so).

The fact that they have specifically considered and stated what they consider to be the front of the house suggests even more that it's unlikely to change.

http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf

It is 3 metres in height and 3 metres deep and the whole lenght of the house with a flat roof.
I am still waiting to hear from that girl from the council who did not seem to have a clue what was going on and her manger is on leave which doe snot help as she was the one who onspected the house.
After 3 days we have done the doundations; neighbour 1 is fine but neighbour 2 is a pest: he is stamding on the boundary and moaning about his plants and small trees which are just next to the foundation, also it has rained on Monday and his grass was all muddy and he wants it fixed as of yesterday!!!

"In most cases, the principal elevation will be that part of the house which fronts (directly or at an angle) the main highway serving the house (the main highway will be the one that sets the postcode for the house concerned). It will usually contain the main architectural features such as main bay windows or a porch serving the main entrance to the house. Usually, but not exclusively, the principal elevation will be what is understood to be the front of the house."

I think in the text above the bold bit is the important bit for you.

With it being a non-detached just make sure you don't break any rules re size, ie no more than 3m out and 4m high etc. See the document above for further details, but it all depends on what PD rights your property has (assume because it's old they haven't been restricted by planning)

Maybe they sent a muppet from the BC dept as a test to see if he realised that Planning is nothing to do with them! Or maybe with all the cuts, the Planning Dept are borrowing people from the BC dept.