Conservatory delaying exchange..

sham63

No, they don't.

The certificate we have been discussing is NOT planning permission. It is a certificate confirming that planning permission is not required.

If an extension is 'permitted development' you don't need any kind of confirmation or permission from the planning authority - you can simply build it if you are sure it is permitted development (not forgetting that Building Regs may be required!)

It only becomes a problem in circumstances like yours - when a property with a PD extension is sold the surveyor or solicitior will usually insist that there is evidence of planning permission or somthing in writing from the Council stating that PP is not required. It's a very common scenario I'm afraid!

Jonbvn

sham63 wrote: »

I can help with the planning issues regarding the conservatory.

It is true than in most cases a house will not need planning permission for a conservatory as it will be classed as 'Permitted Development'.

The majority of houses have permitted development rights that allow certain alterations/additions to take place without the need for planning permission. In the case of conservatories and other extensions it is based on the volume of the extension in relation to the original house. Although straightforward in theory, there are a number of other factors which can determine whether an extension is permitted development or not such as proximity to any outbuildings/garages, proximity to the highway and whether the house has previously been extended. For this reason it is unlikley that your local planning office will be able to write a letter to say wheter the conservatory is Permitted Development as a site visit will be required to check. For this reason you can apply for a 'Lawful Development Certificate' to get an answer, although plans will need to be submitted and a fee paid. Also bear in mind it will take up to 8 weeks to get a decision (so probably not much use in your case).

You also need to check that Permitted Development rights for the house have not been removed. It is possible for new build houses to have their permitted development rights withdrawn by condition attached to the original planning permission for the house. The palnning office should be able to tell you this on the 'phone, especially if you can speak to the officer who dealt with the case.

I've outlined the main pitfalls, although it's true to say that in most of these cases the conservatory is permitted development.

The exceptions to the above are listed buildings and conservation areas. If a property has been extended in the past, then some or all of the "permitted development" area will have been used already. Occasionally "permitted development" rights may be withdrawn from a property and any extension and/or conservatory, however small needs planning permission.