What if retrospective planning permission fails?

asu5z

Hi, just need some info:

A am about to buy a terraced house with rear extension built 10 years before. The extension does not have paperwork at all. (i.e no planning permission and building regulation). I am told by my solicitor that 10 years old extension are immune from enforcement.

After buying, I like to apply for retrospective planning permission and building regulation. Since 10 feet extension now comes under permitted development so this should not be an issue. My question here is; what will if the building regulation is not granted and costs are too high.

Will council issue enforcement notice to demolish the extension? or things will remain as they are if retrospective planning permission is not granted.

Regards

Annie1960

Why would you want to apply for retrospective planning consent and building regs?

The planning consent is now unnecessary. I seem to recall the council has 6 years to take enforcement action, so if 10 years have passed there is nothing the council can do about the extension, and no need for retrospective consent. If you applied for it, I suspect you would throw your council into confusion and they would not have a process for dealing with a 10 year old extension!

Building regs is a different issue. The regs change all the time, so even if the extension complied with building regs at the time it was built I really doubt whether it would comply now with current regs. But this does not matter. My house was built a long time ago and I'm sure most of it would not comply with current regs.

Just enjoy your new house. If you are really risk-averse, talk to your solicitor about an indemnity policy, but I'm not sure if you will need this.

asu5z

First of all thanks a lot for your reply. I intend to have 20 feet (6 meter) extension before moving. Under new permitted development scheme, I hope its easy to get the permission. Since 10 feet extension is already there I need to extend it by another 10 feet. And to achieve this I think I first need to regularize the current extension first and built next 10 feet after that.

If I am wrong, is there any other way to go around this, I am completely stuck and confused that what should be done in this case? Any ideas and clues pleaseeeee??

societys_child

Just draw the plans up and submit them. Refer to anything already there, as "existing" and show how your proposed extension would be "matched-in" (to existing)

asu5z

societys_child wrote: »

Just draw the plans up and submit them. Refer to anything already there, as "existing" and show how your proposed extension would be "matched-in" (to existing)

S.child, thank you very much for your post and information. What you proposed is a matter of 'hit and hope' or have you seen somebody doing it and getting approval?

In case of denial, can council issue enforcement notice to demolish what is already there for last 10+ years? In case of approval, how building regulations will work out for what is already there for last 10 years? I mean how would the whole thing workout altogether?

Once again thanks a lot for your help.

Annie1960

The council planning process is a very subjective one. Nobody knows what the council will say until you submit the plans through their formal process.

I initially though of suggesting you see a planning consultant, but ultimately they are just guessing what the council might say, and will charge you for this.

asu5z

Hi... One more question is popping up in my mind that can I apply and get 'Lawful Development Certificate' for what is already built for 10+ years.

What is the difference between 'Lawful Development Certificate' and 'retrospective planning permission'.

Thanks a lot.

societys_child

asu5z wrote: »

What you proposed is a matter of 'hit and hope' or have you seen somebody doing it and getting approval?

Yes, me . . . no one knew how long the existing extensions had been in place :whistle:and no one even asked, the question never arose.

I presume you will have the plans draw by a local architect? If so he should be able to advise you. They tend to deal with the planners on a regular basis.

After buying, I like to apply for retrospective planning permission and building regulation. Since 10 feet extension now comes under permitted development so this should not be an issue.

Not sure why you want to even try and do this.

Will council issue enforcement notice to demolish the extension? or things will remain as they are if retrospective planning permission is not granted.

You answered your own question (and it's been answered earlier)

I am told by my solicitor that 10 years old extension are immune from enforcement.

What is the difference between 'Lawful Development Certificate' and 'retrospective planning permission'.

Em . . sorry, I really don't know :huh:

I'm thinking you're making a mountain, when you should be planning on digging a hole . . . for the foundations lol

ging84

retrospective planning permission can be objected to

Doozergirl

Retrospective planning permission is for something that needs planning permission but doesn't have it. Yours doesn't need it.

A certificate of lawful development is a letter to say that what is there is legal or what you are about to build falls under permitted development. They are actually pretty unecessary. The cut off point is four years to be immune from enforcement, but what people haven't pointed out is that the existing extension was quite probably built under permitted development in the first place and was never illegal! Something built under permitted development rights doesn't need documentation, the certificate of lawful
development is optional. You do need to submit a form to build a 'larger extension' under PD rights, because it's a temporary allowance.

I do this stuff on a daily basis - just want to echo that you might be panicking for no reason.