4 Year Rule in Conservation Area

WIRVINE

Hi,

My (single dwelling) house is within a conservation area in the London Borough of Brent. I added a rear extension to the house under the 10% Permitted Development rules that applied before 1st October 2008 starting the works in early September. I applied to the Council for a certificate of Lawfulness in August 2008 but they only got round to reviewing my application in November 2008 by which time the proposal was deemed unlawful under the new powers granted to the Council from 1st October 2008. When four years has passed since I moved in (Dec 2008) I would like to request the Certifcate of Lawfulness again. Will the Council be bound to give it to me under the four-year rule or does the rule not apply in conservation areas (NB I have read that it does not apply to listed buildings)?

gillyjb

Hi , there did you ever get an answer to " does the 4 year rule apply" to extensions in a conservation area ? , as I am in the same position.

Thanks

Full_of_angst

gillyjb wrote: »

Hi , there did you ever get an answer to " does the 4 year rule apply" to extensions in a conservation area ? , as I am in the same position.

Thanks

Hi

s.9 and s.43 of the Planning (Listed Buildings and Conservation Areas) Act 1990 [Offences] contain no time limits. Although there are a few defences in s.9(3) and in s.43(4), passage of time is not one of them

Looking at this paragraph it would appear that this applies to conservation areas as well as listed buildings (I knew it was the case for listed buildings but this implies conservation areas too. So it does look like the 4 year rule will not apply.