Planning Permission for ensuite

Blockz99

HI
I hope someone can give me some advice regarding planning permission for an ensuite that I installed in a grade 2 listed basement .
I moved into my flat in December 2017 and applied to put a small ensuite into the master bedroom . My building is grade II listed and I have the basement flat. I applied to the council and waited 6 months for them to make a decision . They refused on two grounds . The first was that the plan I submitted wasn't a professional draft even though in the phone they said that I could use the original floorpan and just add in the ensuite indicating pipes and sewerage , which I did . The second point was that it would take away from its Grade II listed heritage - even though nearly every other flat in my street in Grade II listed
has at some point added ensuites and you can clearly see from the road that quite a few have inserted kitchens in what was once master bedrooms .
The appeals process would take another 6 months and so rather rashly I just ignored their refusal and went ahead - yes I know this was wrong and regret not waiting . It was a small ensuite with just two stud walls . I've had it done properly with qualified electricians etc .
I have read in several place that retrospective planning permission is always granted after a period of 4 or 5 years . My question is does this apply if you have ignored the rejected original planning permission ? Does the 4/5 years retrospective granting apply to grade II listed buildings .?

babyblade41

I'm no expert on planning and not sure of the timescales but as the plans have been refused on the planning portal you may have some problems when selling as it is up there in B/W

You could have withdrawn the application

Blockz99

Thanks . Yes I realise that there may be a problem when selling so will probably have to remove the ensuite , a messy job but pretty simple . Once the application goes in it went on the councils register and stays on there so withdrawing it won't remove it from their database .

davidmcn

Blockz99 wrote: »

Does the 4/5 years retrospective granting apply to grade II listed buildings .?

No, it doesn't apply to listed building consent.

The risk lessens as time goes on, though the fact you've flagged up your intentions to the council doesn't help. You should eventually be able to get indemnity insurance if you need it to sell or remortgage.

Blockz99

Thanks that's helpful . So should I decide to sell I just get and pay for indemnity insurance for any prospective buyer and then its up to them to go ahead with the purchase ? .

davidmcn

Blockz99 wrote: »

Thanks that's helpful . So should I decide to sell I just get and pay for indemnity insurance for any prospective buyer and then its up to them to go ahead with the purchase ? .

Well, depending how happy both the insurers and the buyers (and their lenders) are, as everyone tends to view a lack of listed building consent as being a greater risk than lack of "normal" planning consent or building regulations.

Have you at least got building regulations consent for the work?

Blockz99

thanks . As it was grade two listed the building regs were not seperate from the planning department in Brighton and Hove council so no building regs .
The annoying thing is that I've checked the planning portal for other flats in my road and the council had no problem passing application for flats exactly like mine that changed kitchens into bathrooms , inserted kitchens in master bedrooms and completely changed the layout of the flat . I suppose it really depends on the person at the council that looked at my plan .
thanks for your help . I think the best way forward is indemnity insurance .