No planning permission

V2001

What happens if you build a extension and have building regs but no planning permission?

Here's the story:

Doing a 10m side extension, got building inspector involved and all going good with foundation etc. Extension is about to go up and we no realised it doesn't come under PD.

Do I carry on with extension(neighbours have no issue with it) or stop work and apply for planning permission  

The walls have been knocked out so I'm in a pickle. Current wait for applications is 3 months I'm told.

The side extension is being done along side a Garage Conversion to convert it into a habitable room.

Ayr_Rage

1.

Stop work.

Make it weatherproof.

Apply for planning permission and keep your fingers crossed it will be approved.

2.

Finish it and hope you don't end up in the same position as Capt Sir Tom Moore's daughter and have to pull it down.

mark55man

Do your research to make you application likely to succeed. eg if there are similar extensions in the neighborhood.

The planners are trying to look at positive outcomes but if you have breached the rules best not put too much work in and showing willing is also a good thing.  Should be a few weeks unless there are problems.

mexican_dave

How did you think this 10m long extension came under Permitted Development?

silvercar

How likely is PP to be granted?

Always a risk, but I would say that, provided the extension isn’t something over bearing and there are neighbours that have done similar, the chances are that it will be fine. I also think that PP is more likely if it is retrospective, even if it ends up on appeal. 

jonnydeppiwish!

Why did you not apply for PP in the first place? It’s your responsibility not the architect/builder to ensure you have permission to carry out the extension.

Have you taken into account boundaries and light with regards to the neighbours?

Best bet is to speak to you local planning officer and ask their advice. A 10m extension it very big for most properties.

the_lunatic_is_in_my_head

mexican_dave said:

How did you think this 10m long extension came under Permitted Development?

Looks like side extensions must not be more than half the width of the original house, granted a 20m wide house isn't common but, based on a quick look at the guidance, it seems a 10m wide side extension can be possible under PD  

If the foundations are in progress OP, is there any ability to amend the plan to fit within PD? 

Section62

V2001 said:

Do I carry on with extension(neighbours have no issue with it) or stop work and apply for planning permission 

The strictly correct answer from a planning law perspective is to stop the work and then apply for planning consent.

The real World answer needs to take into account what the situation is with the builders - if they stop work have they got other projects they could move onto instead, and what (if any) written contract do you have with them (that may be relevant to delays or cancellation)?

If you stop the work and they don't have anything else to do then they may have grounds for a claim against you.  They would likely also be relieved of liability to complete the project for the agreed price.

So you need to do a risk assessment - considering the risks of not being able to get planning consent and having to demolish/modify the extension once built vs the risk the project ends up costing you more because the builder makes a claim against you, or you end up with a higher quote if you have to bring in a different builder.

You really need to work out how likely it will be that you can get consent for the extension as currently designed, and to do so before the foundations go in. To do that you need to rule out any issues like listed building/conservation area/green belt, and then work out from the council's planning guidance whether your proposal is likely to be acceptable.  As a general rule, side extensions are typically more likely to be acceptable if the front wall is stepped back from the main frontage of the house, and if the roof line is slightly lower than the main roof.  Parking can also be an issue - so you need to meet the council's requirement spaces (especially if you are adding bedroom(s)) and you need to be sure the garage can be converted without an issue.

One option might be to go down the pre-application advice route (you'll probably have to pay a fee) so you'll have an (non-binding) indication of whether your plan is likely to be acceptable, or if you'll need to make significant changes to be able to get consent. You can probably be honest with them and explain that you've mucked up thinking the extension was PD and work has started, and that you want to do things properly and legally, but now have the issue of a builder wanting to get on with the work and a house which has already been knocked about.