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Prior Notice and PD rights

Discussion in 'Building Regulations and Planning Permission' started by Geminiuk01, 1 Apr 2021.

  1. Geminiuk01

    Geminiuk01

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    Hi all,

    Hope you're well. I've just joined the forum and appreciate the excellent forums on here.

    I've got a situation with my house that I was hoping some of you could help me with. My house is a 1930s semi in London. In 2007 the house had some additions put on it as below:

    A. Dormer Loft - 36.6 cubic meters

    B. Side extension of the pre-existing side extension wall (as built in 1930). 3m out and 2.7m wide. 27.6 cubic meters
    Both of these were done with a Certificate of Lawfulness application and approved. Total 64.2 cubic meters.

    C. Rear extension from the rear main wall of the property extending 3m out and 4m wide.
    This was done via a planning application and was approved.

    The total width of the house is 6.7m. I have the following points I need some guidance on and which I am struggling to properly understand:

    1. Can I extend C to 6m - based on the Government now allowing terrace/semis to extend to 6m from the main rear wall.

    2. Can I widen B to 3.3m.

    I appreciate my neighbours would have to be consulted, but I wanted to know if it's even worth pursuing before I start engaging architects and the LA planning dept.

    Many thanks in advance for all your help.

    Gem
     
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  3. Nakajo

    Nakajo

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    1. Under PD? No.
    2. Under PD? As long as it conforms to the rules set out under the relevant class. Yes.
     
  4. tony1851

    tony1851

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    Just to add; neighbours would not need to be consulted for no. 2 as it is PD (subject to limits as mentioned above).
     
  5. Geminiuk01

    Geminiuk01

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    Many thanks @Nakajo @tony1851 for your reply.

    Glad I have clarity on 2.

    But on 1 - whilst I can't extend this to 6m using PD but is there another way? What if I demolish it entirely and build a brand new 6m rear extension using PD would that work? Is there any other way I should consider?
     
  6. Nakajo

    Nakajo

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    You could do that. But it carries a risk. If a neighbour claims that the extended scheme means a loss of privacy, say, then you could end up back where you started (minus a 3-4m rear extension, which you would then want to re-build). Neighbours will often tell you to your face that your proposal is fine, and then quietly go away and object when the paper-work arrives. Under the circumstances, I would prefer the planning application route, if possible. Incidentally, an LDC for (almost) anything other than a change of use is fairly meaningless. If it's PD, it's PD.
     
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  8. Geminiuk01

    Geminiuk01

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    @Nakajo Going down the planning application route - is it likely for the LPA to allow the extension of my extension from 3m to 6m? Would the 45 degree angle rule then come into play, what are the risks in brief?

    Also just going back to 2 - I presume overall I can't exceed 70m cubic volume rule as was in existence in 2007, or is that no longer relevant? I ask because I'd like to work out if I need to scale back length to achieve the width I desire, to stay within 70 cubic meters overal (total of dormer Loft and side rear ext is 36.6m cubic). Also do I need to send the LPA an amended drawing for 2 or can I just get on with it?

    Thanks!

    Gemma
     
  9. Nakajo

    Nakajo

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    I don't know what your LPA would allow, or what local policy might apply. But if it met with refusal, and there was precedent for similar things being done locally (presumably under PD), then an appeal to the Planning Inspectorate might still prove successful. As for risks, the only risk is that you expend time and money on submitting an ultimately unsuccessful planning application.

    I think the limit for loft extensions on semi-detached properties is 50m³ (over and above the *original* roofspace), so if I understand your figures correctly, you can add a further 13.4m³. If your proposals meet all the requirements for PD under Class B, then you can just get on with it - subject to any Party Wall and Building Regulations constraints/obligations.
     
  10. Geminiuk01

    Geminiuk01

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    Sorry I must have confused you. I'm not intending to add any more space to my loft under class B. I want to add more space under class A to the single storey side rear extension (SRE) for which in 2007, a COL was granted along with a dormer loft (DL) and where the combined DL and SRE totalled less than 70m3 (36.6 + 27.6 = 64.4m3).

    So my questions is, when I increase the width of the SRE to 3.30m under class A (just less than the width of the house being 6.7m), is there an upper limit to how much m3 space I can now add ?

    I hope that more clearer now. :)
     
  11. Nakajo

    Nakajo

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    Take a look at the Planning Jungle's 'loopholes' pages. See if your proposal corresponds with one of those
     
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