Permitted Development Rights

DAB_53

Looking for advice, we have just moved into a new build house and found a problem with the wood burning stove that we have had fitted. It transpires that when planning permission was granted for the development the local planning authority removed Permitted Development Rights and have informed us that we have to apply for planning permission because the flue for our stove is outside the house and therefore contravenes the withdrawn PRD’s because it changes the external appearance. We are not in a conservation area we just have neighbours who opposed the initial new build development who have now complained about our flue being ‘unsightly’.
We’ve spoken to a planning specialist who has give us a quote in excess of £3000 to help us through the process, but we can’t really afford that.
Any thoughts?

davidmcn

(a) wait to see if the planners actually want to take enforcement action, or
(b) get rid of your stove.

Aylesbury_Duck

davidmcn wrote: »

(a) wait to see if the planners actually want to take enforcement action, or
(b) get rid of your stove.

Maybe (c), which is reroute the chimney through the house and out through the roof. That still might not satisfy planning if they consider it a material change of appearance, but they might consider it acceptable compared to what is presumably currently a shiny tube running the entire height of the house.

This is the drawback of these stoves where there's no chimney to line and use, the house ends up looking like a takeaway.

the_lunatic_is_in_my_head

(d) submit the planning application yourself.

Have you been able to speak with a planning officer from the council to see what the chances of getting permission are?

DAB_53

To clarify the chimney does already go through the roof and just sticks out by around a metre. The planing enforcement officer has indicated that we need to submit an application within 28 days and I am concerned about the prospect of being unsuccessful.

Aylesbury_Duck

All you can do is submit a retrospective application and see what happens.

Hopefully for you it gets approved but with a neighbour likely to object it may not be straightforward. If it’s not approved, you’ll have to take down the new chimney. I’m afraid you have been a bit hasty getting it installed without checking what was required.

hollydays

Did the fitter not give you any advice?

DAB_53

Again I can clarify that we did check before installing the fire - normal arrangements are that no planning permission is needed, just a certificate from the fitter. We even checked with the pre-planning advice team who confirmed that was correct but they wouldn’t have known that our Permitted Development Rights has been withdrawn as we didn’t. Our fitter has never come across this previously despite fitting hundreds of stoves.

paddyandstumpy

Your solicitor when you purchased should have made you aware of this restriction.

From what I can gather, withdrawal of PD on new builds is relatively common.
Our 5 year old house has this restriction, our solicitor told us when we bought it last year.

Aylesbury_Duck

DAB_53 wrote: »

Again I can clarify that we did check before installing the fire - normal arrangements are that no planning permission is needed, just a certificate from the fitter. We even checked with the pre-planning advice team who confirmed that was correct but they wouldn’t have known that our Permitted Development Rights has been withdrawn as we didn’t. Our fitter has never come across this previously despite fitting hundreds of stoves.

I see. As others have asked, presumably your solicitor took you through the appropriate papers when you bought the house. It should have been brought up/noticed then. Check what your paperwork says, I suspect it's noted in there.

It doesn't change your position. You will have to apply for retrospective planning and hope it's approved. One option if it's refused would be to remove the chimney from the roof and swap the wood burner for an electric effect one. It means the flue is redundant but saves ripping the whole length of the flue from the house if it's all been decorated, etc.

ToxicWomble

Most new builds have some sort of restrictions on them.
We weren’t allowed works vehicles, boats or vans to be parked on the estate or to paint our front doors for a 5 years period.
We were made aware of these restrictions at the time of purchase by both the sales people and the solicitors