Planning permission not a clue!!

Craig_Donny

Ok so the house I have bought and doing up has an extension of a 4th bedroom on stilts. However this does not have planning permission nor does it have building regs.

I want to build underneath it and make it a garage. When I went into planning office today I didn't mention the old extension didn't have permission and she gave me a form to see if it even needs permission which of course it will. But this form just to see is 25 quid. So should I just apply for the actual permission and not mention the old extension or what?

Cheers

Craig

mrs_baggins

not sure but i think that at some point they physically have to go out and have a look so they will see it then.I am surprised that a house sale has gone through without planning permission being granted . You can apply for retrospective permission but it would obviosly have to meet all the planning and building requirements . I think as you have bought the house it would be best to mention it as it may not even be safe and better to be safe then sorry. bound to be someone more knowledgable than me soon.

alleycat`

They didn't come and look at mine as both times it was snowing.
I managed to get back and forth to work in the "snow" but apparently it was a bit much for them.

Anyway they looked at it on "streetview" and accepted the photos i sent in (as that is all they intended to do anyway).

Even if they don't want to come and look at it your plans will need to include how it is, how it will become and possibly information in how your neighbours property relates to the proposed extension (i had to include it in the plans i sent in).

why did your solicitor let you buy a house with an extension with no documentation / Regs?

chrisw

If the extension has been up for more than 4 years it is likely that it will be immune from any enforcement action. You would probably need to apply to the Council for a Certificate of lawful Development if you ever needed to sell; this is what should have been provided to you when you bought it.

muckybutt

chrisw wrote: »

If the extension has been up for more than 4 years it is likely that it will be immune from any enforcement action. You would probably need to apply to the Council for a Certificate of lawful Development if you ever needed to sell; this is what should have been provided to you when you bought it.

No it wouldnt!

My old man has just been persued for works done and not signed off over 16 years ago.

My uncle who is a chartered building engineer / architect also stated (when my old man asked him if the council could do owt) that anything built without PP could be persued at any time and if not bought into line with planning and building regs could if needed be, be demolished.

chrisw

Yes it would!

Your uncle is wrong. The only way the council could pursue it over 16 years is if they were already aware of it within the time period.

Section 171A & B of the Town & Country Planning Act 1990 applies:-

http://www.legislation.gov.uk/ukpga/1990/8/section/171B

Which is why there are numerous cases of people building houses within haystacks to keep them hidden until the enforcement time has passed, usually unsuccessfully on a technicality. The government is proposing changes to close this loophole.

planning_officer

muckybutt wrote: »

No it wouldnt!

My old man has just been persued for works done and not signed off over 16 years ago.

My uncle who is a chartered building engineer / architect also stated (when my old man asked him if the council could do owt) that anything built without PP could be persued at any time and if not bought into line with planning and building regs could if needed be, be demolished.

No, this is completely wrong, and I speak as a Planning Officer who deals with this kind of thing every day. Building regs is different, but your uncle is wrong regarding planning permission.

ChrisW above is entirely correct - for operational development (building works), when it has been in situ for 4 years, it becomes immune from enforcement action under planning legislation. That is provided the use of the land is lawful (e.g. a residential extension on residential land). If the development involves a change of use, or a breach of condition, it become immune from enforcement action after 10 years.

Your old man may have been pursued regarding lack of building regs, but certainly not a lack of planning permission (unless the Council did not know it was completed 16 years ago). The only exception to this is if it was a listed building, as a Council can prosecute for any works carried out without Listed Building Consent at any time.

jimmy230

I also agree with Planning_Officer and ChrisW above. The main exception would be if the building was listed, in which case the development can never become immune from enforcement action (if it was carried out after the building was listed).

muckybutt

It was indeed building regs my old man was being chased for, he didnt get them signed off, only two things they pulled him on - one was eave vents and the other was something to do with the plumbing.