'Surprise' planning decision - what would you do.

mandler

Just after a little advice on a planning issue. In summary, we applied for a loft conversion with an L shape outrigger extension on a Victorian terrace under lawful development. Our surveyor had an email from the planning officer a couple of weeks ago saying that they would be minded to refuse the outrigger and would we like to submit revised plans or continue with the process?

Our surveyor sent revised plans removing the outrigger then the website said we were granted permission but final report and letter still to be uploaded.

The certificate arrived with surveyor and states that we have been granted permission for the L shaped extension!

Would you build and say nothing, or ask for clarification? It gives permission under lawful devt referencing the original application. It's either s mistake on the councils part, or a change of mind...

keystone

I think you may mean permitted development.

I think you should seek clarification. "Minded to" doesn't mean "we've decided" it means "we are considering it".

But nevertheless, if they have apparently discounted their previous objection in the issued paperwork and thus appeared to have changed their minds there is nothing to stop them changing their minds again inevitably once you have incurred costs.

Cheers

fluffymuffy

What's an "outrigger"?

llandyrnog

I would make sure the planning approval has the exact reference number as your original application and carry on with your building regs approval.Then get started as soon as you can !. You have an official document with a decision made by the planning dept which they will find very difficul tor nigh on impossible to go back on !

keystone

llandyrnog wrote: »

...........which they will find very difficul tor nigh on impossible to go back on !

Tell that to Noel Edmonds!

Cheers

tony6403

Surely the answer is to contact your local authority and get confirmation of their decision.

mandler

Yes Tony, that's what I want to do (naturally risk averse) but surveyor saying that if they have made a mistake we may still be legally able to build the outrigger. He is asking a property law expert.

Outrigger is an additional space built onto the rear extension of a terrace - usually over the bathroom. It's a small but v useful space for a spare bedroom/office and we need all the space we can squeeze into a London terrace!

The certificate references the original application, but makes no reference to which plan (original with outrigger, revised without) but is titled "L shaped loft extension".

teneighty

It sounds like you are getting the planning terms mixed up and I can't help thinking your surveyor is not explaining the process to you very well.

If you have received a Certificate of Lawful Development that is not the same as recieving planning permission. It simply means the proposal would fall within permitted development and does not require planning permission.

Reading between the lines and making a few assumptions it sounds like they are saying the loft conversion is permitted development and does not require an application but the "outrigger" extension does need planning permission.

I would go back to your surveyor and ask them to clarify the situation. If they cannot do this you need to get a new surveyor/architect/designer who can.

nickj_2

what would be easier - getting confirmation from the council or your builder going ahead and then the council saying you can't do that -

dampdaveski

fluffymuffy wrote: »

What's an "outrigger"?

an outrigger is a rear annexe, for instance you might have a 2 up, 2 down house with a kitchen extension to the rear, if this kitchen extension was built at the same time as the main house it would be called an out rigger, it is a regional dialect thing

Regarding the original post the government made a big thing about relaxing planning application laws recently to kick start the construction industry, maybe it has something to do with that

planning_officer

teneighty has provided good advice above.

This is not a planning permission. This is a Lawful Development Certificate (LDC), i.e. confirmation from the Council whether something could be built as permitted development (i.e. not requiring express planning permission). From the sound of it, your surveyor is not explaining this well to you at all.

Every formal decision for a LDC should include a plan showing what has been permitted - does yours show the outrigger extension?

It's utterly pointless for him to consult a property expert - it may that the Council has decided that the outrigger is in fact permitted development and granted you the Certificate. However, even if the Council has made a mistake in including this on the decision notice, it still doesn't mean you can just build it. An LDC is a determination from the Council at a point in time whether they consider something constitutes permitted development. Interpretation of the PD legislation changes and new appeal decisions also influence the way it is interpretated. Even if the Council has granted you a Certificate incorrectly, it doesn't give you the right to build something that is not permitted development.