Should I be concerned?

[Oxtail69]

Hi

We built a loft extention (dormer) on our property using the permitted development rules, and this was completed in 2009 and fully signed as meeting all Building Regulations at the point of completion.

Our neighbours (two doors down) with an identical property did exactly the same thing, completing in 2008, although their dormer exterior is tiled, ours is rendered.

Arguably this dormer would not receive planning permission from the council should we have had to go down that route, as they are incredibly picky and inconsistant in their application of the rules in our area (we're just a normal area, no listed/special restrictions).

Now our immediate neighbours, having already used their permitted development area about 20 years ago, applied to the council for a loft conversation, which was declined as they were looking to have a larger structure than ours. This is being appealed and in all likleyhood will be approved on appeal perhaps in a smaller structure. There were however comments within their planning rejection concering our dormer, stating that as the render did not match the brick/tile structure of our property, it was considered outside the permitted development rules and therefore was unauthorised. The neighbours two doors up dormer was also commeted upon, but it was stated this was built within permitted development rules.

I can see their point, perhaps having not picked up on this when finishing the dormer, although the render (in a light colour) looks ten times more appealing than the dark tiled structure two doors down.

Now what happens next? As the council have noted it is unauthorised, should I approach them for retrospective planning permission (will most probably be declined and have to be appealed with no guarantee of success), or do I just bite the bullet and get the builders back to tile the dormer exterior to match the neighbours.

What happens if I do nothing? Can I expect a visit from the overbearing local council, and I presume this could cause issues when we come to selling about 2 years time?


Any opinions would be appreciated, as I really want to sort this out as quickly as possible and with as little interaction with our big brother council as possible.

As background, our house is one of about 10 cottages in the road, with all other properties being a complete mix of styles/extentions. At the end of the road is a large development of about 200 flats which has stood half completed for 4/5 years as the builder has gone bust and the council have done nothing to sort it out, and opposite that is another development of about 150 flats which is whizzing up!

 

[freddiemercurystwin]

I don't really see the issue. If and when you get a letter/visit from the council then you should be concerned. It sounds like a tiled dormer would have matched better than a rendered one, why did you opt for render instead? A fundamental part of Permitted Development is that the new materials should match and be in keeping with the existing.

If the council did approach you and instigate enforcement they are unlikely to go through with anything drastic for such a minor infringement as the costs would far outweigh the outcome. You would be left with a mark against your property that would likely be discovered when you come to sell. this may or may not put purchasers off.

At the end of the day if it meets the Permitted Development rules they have no choice but to approve it so to avoid enforcement if it ever was instigated just submit an application for a Lawful Development Certificate with a tiled dormer and change the render to tiles.

 

[Oxtail69]

I suppose we were persuaded by the builders at the time re the render, and whilst they were right in that it looks so much better than the tiling a few doors down, perhaps with hindsight we should have paid more attention to the guidelines!!

I've seen that after 4 years you can apply for a certificate of lawfulness, as by then the period has lapsed during which the council can take action, so unless we hear anything we'll leave it, and as you say, worst case scenario we get it tiled and then approved.

Thanks

JW

 

[^woody^]

.... as the render did not match the brick/tile structure of our property, it was considered outside the permitted development rules

That alone is nonsense, so there would be nothing to worry about

 

[denso13]

Page 34 here http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf gives some guidance. These are for the latest legislation, don't know if it was the same in earlier versions.