Planning permission - rear conservatory - falls outside PD

sbrewster

All,

We are currently purchasing a semi-detached house that has been subject to unauthorised development.

It has undergone 2 extensions in the last 10 years. The first was a 2-storey side/rear
extension in 2000 for which planning permission was granted.

The 2nd was a rear conservatory - for which planning permission was not granted (or
sought). The vendor believed he was erecting this extension under Permitted Development
guidelines.

(I have created a rough sketch showing these extensions but as a new user I am unfortunately not allowed to post links.)

Vendor has recently applied for a legal development certificate for the rear extension,
which has been denied as the conservatory extends more than 3m from the original rear wall.
(It actually extends approx 4.5m). Vendor was under the mistaken impression that it would be
permitted as it extends less than 3m from the extended rear wall (blue line).

Local Planning has suggested he applies for restrospective planning. During the application
for the LDC the neighbours were canvassed and nobody objected to the extension so it is
assumed that nobody will raise any objections to the planning application.

My questions are:

1. As this development is now subject to full planning permission, presumably the limits for
permitted development are no longer relevant? i.e. the rule about extnding no more than 3m from
rear wall?

2. Assuming no objections from neighbours, what other common reasons may lead the local planning office
to deny the planning permission?

3. Assuming the planning is denied what options do the planning office have in terms of enforcement?

Sorry for the long post. If you made it this far thanks for reading and any advice would be much appreciated.
(My partner has fallen in love with the house and wants to proceed regardless, I'm a bit more cautious!)

Thanks again,

Simon

ukmaggie45

Hi there Simon, welcome to the Forum. I can't help with your planning query, but if you PM me the link to your drawing I can post of for you. Just clickie on my name and send me a private message (in case you aren't sure how to do a PM here)

Maggie

ukmaggie45

Here's the link to Simon's drawing.



Maggie

spmc

I'm not an expert but I thought if you could demonstrate that something had existed for 4 years you could get a lawful development certificate.

Chippy_Minton_2

If it's been there for longer than four year (I think that's the time) enforcement action cannot be taken.

Edit:
I see it's a 2008 development so not much help to the OP.

spmc

Chippy_Minton wrote: »

If it's been there for longer than four year (I think that's the time) enforcement action cannot be taken.

Edit:
I see it's a 2008 development so not much help to the OP.

DOH - I should have looked at the plan!

Swipe

Get your solicitor to ask the vendors to apply for retrospective planning permission (should take 6 weeks). Or take out indemnity insurance to cover the cost of demolition if it fails PP. Your solictor will be able to advise you on all available options.

west_ham_till_i_die

As Swipe has said you solictor is your best course you could always ask for the seller to pay for you indemnity insurance cost saves having to wait 6 weeks or longer.

Chippy_Minton_2

You can only do one or the other thought. Insurance or seek PP. You cannot take out the insurance if PP is rejected to cover any enforcement action.
If you take out the insurance I'd be inclined to pay what the house would be worth without the conservatory.

dander

Personally I think I'd get them to apply for retrospective planning before I exchanged, but from the sound of it I would think they're extremely likely to get it without any trouble (assuming it's a genuine conservatory with lockable doors between the conservatory and the house)

The things that planners are most likely to worry about with planning decisions are visual impact and impact on the area - which don't apply because it's just a conservatory at the back of the house, and overdevelopment of the property, which it isn't because you're not adding extra people capacity. It's not going to be convertible into self-contained accommodation or require extra parking spaces or access or anything like that.

You definitely need to forget about "permitted development" in this case because the entire allowance would have gone into the 2-storey extension, so any additions at all after that was built will need planning permission. But not fitting into the permitted development slot doesn't mean it won't get permission, it just means that it needs a full application. It's also worth bearing in mind that once you own this house, you won't have any permitted devlopment rights left, so you'll have to apply for planning permission if you want to do any additions, however small - although, there's not really anywhere left to extend, is there :-)

sbrewster

Thanks for the replies all.

The vendor has now applied for retrospective planning. According to the council it "looks very likely" the application will be approved.

I will keep my fingers crossed on this one!

Thanks again,

Simon