Retrospective planning in conservation area

[ralphie123]

Hello all,

I would be grateful for views on this as this area seems to be a bit of a minefield to me.

My uncle bought a house last year and he says unbeknown to him, the house is in a conservation area with article 4 directions (so no permitted development rights). I have checked the paperwork that was sent between him, the solicitor and surveyor and I can't see reference to it. He probably will have to take it on the chin that he should have done his homework before completing on the sale.

The problem is that he has put on a single storey extension at the back (within standard permitted development rights). He has two neighbours either side and they are both friendly and didn't say anything to him when it was being built. The extension was signed off by an independent building inspector. One of the neighbours also has an extension but I can't find their planning application which makes me think this was done before the conservation appraisal for the area was put in place.

It was actually a different neighbour who said it to him about how did he get planning permission being in the conservation area. He is panicking now and i am trying my best to help him but I am struggling myself to get my head around it. This is as far as I have got and i don't know if I am right:

1. Planning permission should have been sought for the extension as the article 4 direction takes away the permitted development rights.
2. He could face enforcement fines if the retrospective planning permission is refused and worse case he could have an enforcement notice put on it. I am struggling from what I have read to see how retrospective planning permission can be granted.
3. The other scenario if he doesnt face enforcement fines and enforcement notice, is that he will struggle to sell unless he can wait 4 years and obtain a certificate of lawfulness. I think this is moving to 10 years but could be wrong.

Sorry for long post and any advice would be greatly appreciated.

 

[motorbiking]

The neighbours planning will be on the portal and they will need a certificate of lawful development anyway. He waits and hopes.

 

[wessex101]

The problem is that he has put on a single storey extension at the back (within standard permitted development rights). He has two neighbours either side and they are both friendly and didn't say anything to him when it was being built. The extension was signed off by an independent building inspector. One of the neighbours also has an extension but I can't find their planning application which makes me think this was done before the conservation appraisal for the area was put in place.

It was actually a different neighbour who said it to him about how did he get planning permission being in the conservation area. He is panicking now and i am trying my best to help him but I am struggling myself to get my head around it. This is as far as I have got and i don't know if I am right:

1. Planning permission should have been sought for the extension as the article 4 direction takes away the permitted development rights.
2. He could face enforcement fines if the retrospective planning permission is refused and worse case he could have an enforcement notice put on it. I am struggling from what I have read to see how retrospective planning permission can be granted.
3. The other scenario if he doesnt face enforcement fines and enforcement notice, is that he will struggle to sell unless he can wait 4 years and obtain a certificate of lawfulness. I think this is moving to 10 years but could be wrong.

Sorry for long post and any advice would be greatly appreciated.

If the extension has already been built and the neighbours are OK with it I would just keep my head down and see what happens. I certainly wouldn't draw it to the planning department's attention by submitting a retrospective application.

If he intends to sell in the medium term I would wait and cross that bridge if and when it comes. The longer the extension has been finished without any complaints or being noticed by the council adds weight to the argument that it has no adverse effect on the conservation area.

If the balloon does go up and the planning department threaten to take enforcement action then apply for retrospective consent. If it is an innocuous rear extension there is every chance it will just be approved.

Tell him to stop panicking.

 

[^woody^]

Does an Article 4 actually apply?

Even if it does, it does not mean that development would not be permitted, just that the authority want to control it. If the extension would otherwise comply with local policy, there's no reason for it not to be approved if permission was sought.

But yes, keeping quiet would be the sensible thing.

 

[ralphie123]

Thank you all for your help