Strange condition on Certificate of Lawfulness

[Jeremy Kingsman]

hello all...!

Site history: Full Planning permission granted for double storey rear extension & double storey side extension.

There is an additional amount of space on the side of house which remains undeveloped, hence i thought i would apply for a single storey side extension under permitted development.

I have just been granted a certificate of lawfulness, however, there is a condition in the certificate which states that i cannot build the PERMITTED DEVELOPMENT if i implement the full planning permission as above!

Has anyone ever come across this as i am a bit confused about this and how to approach it?

thanks

 

[freddiemercurystwin]

Are there conditions attached to your planning approvals restricting your Permitted Development Rights?

 

[Jeremy Kingsman]

nope!

 

[^woody^]

LDC's can't be conditioned. All they do is confirm that a proposed or actual use is lawful.

 

[Nakajo]

Though it's a bit different from the case described above, occasionally a condition attached to a planning permission will curtail PD rights. However, in such cases, one simply builds the PD prior to implementing the planning permission.

 

[chappers]

but as you say that wouldn't be possible in this case
To the OP, I assume the new extension was detailed in the LDC application. Wouldn't have thought you would have any PD after building the extensions.

 

[Jeremy Kingsman]

yes it is really strange, i didnt think LDC could be conditioned either but it is in the informative. what power the council have to enforce a PD right if i build the extension and the LDC part i have no idea..!

Chappers, PD rights werent removed as part of the planning application, hence they are still applicable to the property.

I dont really know how to go about getting the condition challenged, and removed but thought i would ask on here if anyone has had anything similar!

thanks

 

[RichA]

Can you post an image of both plans.

Could it be that the approved plans would make the PD not PD?
e.g. a side extension with a 3m rear leg [A] could be invalidated if a rear extension was built first.

 

[RichA]

Follow up question / point/. Once a CoL for PD is granted is that valid in perpetuity? I presume that it is only valid whilst the the circumstances remain the same as outlined in the PD application.

 

[chappers]

yes it is really strange, i didnt think LDC could be conditioned either but it is in the informative. what power the council have to enforce a PD right if i build the extension and the LDC part i have no idea..!

Chappers, PD rights werent removed as part of the planning application, hence they are still applicable to the property.

I dont really know how to go about getting the condition challenged, and removed but thought i would ask on here if anyone has had anything similar!

thanks

sorry I was slightly confused I was envisaging that you were saying the PD extension was to be built against the PP extension, I assume now it is to be built against the side wall of the original house.

 

[lt8480]

It imagine that once you implement the full planning permission the PD would not be PD still.

For example one case where this could happen is where the full permission would increases the building footprint to say 50% of the plot - therefore the footprint couldn't be increased further under PD.