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Enforcement Notice Served - What if?
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Unfortunately, as the extension was unlawful when built, it can never be permitted development, even if it is reduced in size. This is due to a clause in the permitted development legislation, which specifically says just that. So, even if reduced in size, the extension will still require planning permission from the Council.My suggestion is to get plans drawn up and check that the proposal is permitted development. Then apply to the council for a Certificate of Lawful Development. If that suits you as a plan, I suggest you write to the council, introducing yourself as the new owner acknowledging the issue and stating your intention to rectify the situation with a permitted development and ask for their forbearance while you resolve the matter.0 -
So it has to be knocked down even if it could then be rebuilt as a permitted development?planning_officer wrote: »Unfortunately, as the extension was unlawful when built, it can never be permitted development, even if it is reduced in size. This is due to a clause in the permitted development legislation, which specifically says just that. So, even if reduced in size, the extension will still require planning permission from the Council.You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'0 -
Well, technically yes. But I don't think that's the case in this example, as the Council would have considered the 'fallback position' of what someone could build as permitted development. No Council would serve an Enforcement Notice to require something to be demolished if it could just then be rebuilt as PD. There is clearly some harmful impact of this particular extension, which exceeds what could be built as permitted development, if the OP has described it properly.So it has to be knocked down even if it could then be rebuilt as a permitted development?0
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