Flue Installed after Extension - Council Want to Remove!

field1990

Thanks Firefox! I didn’t have the letter with me at work but it says:

It has been brought to the attention to xxx council that an alleged breach of planning control has occurred at xxxx. The complaint alleges that a flue has been constructed within a single rear extension without planning permission.

Following a site visit on xxxx a flue was observed. Under schedule 2 part 1 class a, a.1 k of the general permitted development order 2015 extensions cannot be constructed if they included the installation of a flue.

Following a check I cannot find eveidence if planning application for the single storey extension nor the flue and it would appear the extension has been constructed under permitted development and the flue would therefore require planning permission.

The council consider this breach would require the flue be removed in its entirety and close up the opening. Please comply by xxxxx

Alternatively you can apply for planning permission however considering it’s proxikity to the adjoining property it’s unlikely the council would support an application.


—— the extension was complete months and months before the flue. The flue was added as an after thought as we had some spare cash. We were told would be fine under class g as meets all the requirements and was done by a Hetas person. The flue was put at the back of the house (as the house is fully extended the whole back) rather than the side as it would be closer to next door (we are detached) and would be seen by the road if we had to put it at the side which is allowed. Our neighbour who regularly screams at our builders or any tradesman and the day we got it basically said he was going to complain so we knew somehow something was going to happen - the issue is it’s acrually going to be closer to his house if we have to move it! We are detached and the flue is currently facing the back of his house and about 5 metres or more away and there’s no windows or anything on his side!

field1990

Also sorry I’m advance for spelling mistakes etc I’m writing on my phone!

Doozergirl

It doesn't fall under Class A, so the council is correct, BUT class G allows for the installation of flue independently. So you can build under Class A and Class G.

You should apply for a Certificate of Lawful Development for the extension under Permitted Development Class A and the flue under Class G.

You could copy in your local councillor, seeking some support.

If they refuse it, you go to appeal with the Planning Inspectorate who should approve it. There is reference to this exactly on the Planning Jungle website.

Don't apply for Planning Permission as much more expensive and it's a waste of money and it should be PD anyway. It is possible, I think bizarrely, to be refused PP for something less than that which falls under PD. If they're saying they'll refuse it then it's pointless too.

Try not to worry.

Doozergirl

https://planningjungle.com/2018/04/24/part-1-of-the-gpdo-general-appeal-decisions-5-additional-appeal-decisions-total-1029/


"April 2018 - Code a00922 (appeal allowed):

Class G can be used concurrently with other Classes. (*)"

You need to be a member to log in and obtain the previous appeal decisions. I don't have membership anymore - enclosing details of the decision will help with you though.

field1990

Thank you so much for your help - I’ve been losing sleep over this worrying myself! I will have a look into that - I actually spoke to Steve at the planning jungle yesterday and he was helpful giving me some case numbers to look it. I really do appreciate all your help!