Bricking Up (i.e. replacing) a conservatory

wary

Our previous neighbours added a conservatory to their house about 10 years ago. It was a monstrosity, covering virtually the whole width of their back wall. The conservatory walls came about half way up the back wall although the apex was obviously higher, and I’d guess it covered a bit less than half their back garden.

The new occupiers have informed us they’re having it “bricked up”, which means removing the whole of the existing conservatory and replacing the foundations too. Size-wise, I presume they’re replacing like-for-like but don’t know that for certain.

Question is, does this need planning permission? The previous neighbours didn’t request it, being a conservatory despite its size. But although the new neighbours are “bricking up” their conservatory, they’re effectively replacing it with an extension.

AndyMc.....

Could be within permitted development depends on how far it extends from the back of the house.

Davesnave

wary wrote: »

The new occupiers have informed us they’re having it “bricked up”, which means removing the whole of the existing conservatory and replacing the foundations too. Size-wise, I presume they’re replacing like-for-like but don’t know that for certain.

Question is, does this need planning permission? .

The question is also why are you 'bricking-it' if the previous conservatory was a 'monstrosity?' Do you think an extension would be worse from your point of view?

They're not really bricking-up anything if the entire structure is being removed, so why are they using this euphemism? More questions than answers!

You're going to do some research, because none of us can answer your questions fully without knowing the location and whether permitted development rights apply, or have been withdrawn. ('Designated land' on the Planning Portal description.) Also, PD rules are due to expire and possibly change in May. Anything not built by then might have to follow different rules.

....And as you say, the size is not clear yet.

https://interactive.planningportal.co.uk/mini-guide/extensions-single-storey/0

ProbablyNotTheDriver

Conservatories are generally treated the same as any other extension so it would have needed planning permission if it exceeded permitted development limits. That doesn’t really make a difference if 10 years have passed though as it will be immune from enforcement action anyway.

Whether or not something needs planning permission depends on whether or not it counts as ‘development’. I think demolishing the existing structure and replacing it with a new one would count as development so technically would need planning permission. If the resulting structure has the same footprint, ridge height, eaves height etc as the existing conservatory then it’s likely it would be approved through a planning application anyway. Might be worth checking with your neighbours though?

Davesnave

ProbablyNotTheDriver wrote: »

Conservatories are generally treated the same as any other extension so it would have needed planning permission if it exceeded permitted development limits. That doesn’t really make a difference if 10 years have passed though as it will be immune from enforcement action anyway.

I'm not sure where you are finding this info, but I'd advise the OP to look at the section on conservatories at the Planning Portal if they want details of how they fit in with planning legislation.

I replaced a very large conservatory on the same footprint in 2016 in addition to building an extension, but only the latter needed planning permission.

So far as I'm aware, breaches of planning law are subject to enforcement action for up to 4 years, so long as they aren't deliberately concealed. The famous, easily Googleable case of Mr Fidler hiding an entire building behind hay bales highlighted this!

ProbablyNotTheDriver

Davesnave wrote: »

I'm not sure where you are finding this info, but I'd advise the OP to look at the section on conservatories at the Planning Portal if they want details of how they fit in with planning legislation.

The Conservatories page on Planning Portal sets out what you would and wouldn’t need planning permission for- which is exactly the same whether it’s a glass conservatory or a brick extension.

Whether something needs planning permission depends on whether it counts as ‘development’. If it is ‘development’ then permission can either be granted through an application for planning permission or through a development order. The General Permitted Development Order (2015) is one such development order which grants permission for certain types of development. Part of that order allows householders to build certain types of extensions etc. without an application for planning permission- because permission has already been granted by the GPDO. Demolishing a structure and rebuilding it would count as development so would need permission by either route.

That’s probably just academic though and doesn’t really matter- I can’t imagine many planning departments would take enforcement action if someone were to replace an existing structure with a new structure with matching dimensions. Even if it were now made of brick.

I think we’re essentially agreeing so I’m not sure why I’ve written so much! :rotfl:

Davesnave

I forgot the bit about neighbour consultation if it's a larger structure. Maybe the neighbour is hoping to influence that.