Common misconception re Local Authority Planning and Building Control Departments

seven-day-weekend

mikee_j wrote: »

planning_officer wrote: »

Yes you can - if it's not 'development' then there is no requirement for planning permission.
QUOTE]


Interesting. What 'test' do you use to decide if something is development? I would have thought that introducing a window to an elevation where no window currently exists would be classed as development, as i would see that as a materially affecting the external appearance of the building?!

Maybe it's because inserting a flat window is not making anything any bigger, enclosing any space or changing the use?

If it is a bay or dormer window facing a road, you would need planning permission for it , (unless it was more than 20m away from it) but at the back not necessarily.

It's all about the old planning adage 'it depends how big it is'.

It may need p/p in a flat.

Just an educated guess as i was a Planning Technician and did not grant or refuse planning applications; however I did wiork in enforcement so know a bit about it.

I believe it would need Building Regulations.

Have a look at Q7 on this link which tells tou when Planning Permission IS required:

http://209.85.229.132/search?q=cache:86Q-yVSGphEJ:www.warwickdc.gov.uk/NR/rdonlyres/4575C1FC-9827-4D97-BE64-F75A596588F6/0/DoINeedPlanningPermissionAdviceNote2989KB.pdf+do+i+need+planning+permission+to+put+a+window+in+my+house&cd=2&hl=en&ct=clnk&gl=uk

planning_officer

mikee_j wrote: »

Interesting. What 'test' do you use to decide if something is development? I would have thought that introducing a window to an elevation where no window currently exists would be classed as development, as i would see that as a materially affecting the external appearance of the building?!

As I'm sure you know, development is defined in Section 55 of the Town and Country Planning Act 1990, wherein it states that works that do not materially affect the external appearance of a building are not development - in order to materially affect the external appearance of a building, it would have to be something more than a window - we take the view (as do most LPAs) that new windows, including rooflights, do not materially affect the external appearance of a building (they're flush fitting and do not change the shape of the building) and therefore do not constitute development. There's plenty of case law around to support that, although I don't have any to hand to quote!

harryhound

Presumably there is still no protection against "them next door" planting a leylandii "hedge" (actually one bush would do) in front of the new window.

Even for existing windows having the legal protection of "ancient lights" is not the same thing as being able to afford the costs of enforcing them.

Harry

There is a council near me that is very quick to try to remove permitted development rights from "Green Belt" properties, it is usually the "little people", who cannot afford to argue, that suffer the reduction in their freedom.

The result is not always what was intended, when the politicians start messing about:

http://en.wikipedia.org/wiki/Dale_Farm

http://images.google.co.uk/imgres?imgurl=http://www.echo-news.co.uk/resources/images/862304/%3Ftype%3Ddisplay&imgrefurl=http://www.echo-news.co.uk/news/4238008.Travellers_told_to_call_bungalow_a__brick_building_/&usg=__tJ3c6WPy1YliGm4TnxUQBBhw5bo=&h=208&w=310&sz=12&hl=en&start=50&um=1&tbnid=SEJWRCdwbKxU2M:&tbnh=79&tbnw=117&prev=/images%3Fq%3D%2522Dale%2BFarm%2522%2BBasildon%26ndsp%3D18%26hl%3Den%26client%3Dfirefox-a%26channel%3Ds%26rls%3Dorg.mozilla:en-GB:official%26sa%3DN%26start%3D36%26um%3D1

I am glad I am not paying directly for the expenses of this "planning" situation that dates back years to a "non conforming" expanding car scrap yard.
http://img206.imageshack.us/my.php?image=dalefarmsmallwa4.jpg

mary43

originally posted by FirstClassMail (page one)
We are looking to put in a new bathroom. No moving of walls, no new soil stack (It will be branched into from a saniflo inside the house) and just an extractor fan out to the roof. I had already looked at the sbsa website and it seems to be something not major enough to require a warrant. Also looking at my local council website, all the "yes/no" answers in it's "do I need a building warrant" come out no. So the question is..... Do I?

We are intending to do exactly the same as this and hadn't even thought about needing permission of any sort for it so my question is the same.......do I just go ahead and do it ?

seven-day-weekend

Building Regulations, probably, you will need; Planning Permission no, unless there is an extension or your house is listed (or a flat), and then not necessarily.

Get in touch with your Council's Planning and Building Control Departments who will be able to advise you further.

mary43

Thanks. We intend to put the downstairs loo in an existing room.
That particular room is in an extension of the original building (built 1900) - I have the deeds and that was all done properly but cant remember when offhand. It's been there a while judging by the brickwork
We're getting a builder in to do it so its all done professionally.

seven-day-weekend

You will almost certainly only need Building Regulations, but check to make sure.

workwork

I want to build an extra toilet in the cellar of a house that is a HMO (house of multiple occupancy)
Do I need to inform Planning Permission or need need Building Regulations or anything else?

seven-day-weekend

You will definately need Building Regulations, not planning permission unless there is an extension.

Contact your local Council for further information.

mr_taffy_2

A friend of mine has just had the front of his house replasterd. And today has had a letter from the local council to say Renovation of thermal elements and he needs building regulations and its going to cost him £142 for this.

is this true????