Proposed conservatory - permitted development rights

sparklybear

We are in the process of getting quotes for a conservatory to be built onto the back of a detached house. It will be one with dwarf walls, an insulated roof, and sliding patio doors between the house and the conservatory. It will not be connected to the house’s heating system.

The house was built in 1997 and is on a bog standard estate.

We have read up on permitted development and the proposed depth and height of the conservatory will be within the limits so, on the face of it, we can go ahead without having to apply for planning permission. We know that Building Control inspections will be needed.

We have copies of the Land Registry deeds from when the house was built and sold to the first owners, as well the deeds from when we bought the house in 2020. As far as we can tell from the legal wording, there are no restrictions on permitted development. However, we are aware that there’s something called Article 4, which can remove PD rights. We phoned the Planning department of the council to see if they could tell us if PD rights have been removed on our house but were told the only way to find out is to apply for a search.

Our question is this: if permitted development rights have been removed, would it be stated somewhere in the wording on the deeds? If so, where? Alternatively, can a council attach restrictions under Article 4 at any stage without a homeowner knowing?

I hope this makes sense! Thanks in advance for any advice.

Section62

https://forums.moneysavingexpert.com/discussion/6656575/proposed-conservatory-permitted-development-rights

Our question is this: if permitted development rights have been removed, would it be stated somewhere in the wording on the deeds? If so, where? Alternatively, can a council attach restrictions under Article 4 at any stage without a homeowner knowing?

The deeds wouldn't normally be a useful source - as an Article 4 Direction could come into effect after they were drafted. But you might get a clue if there were a reference to a legal agreement with the council which had the effect of restricting development.

Permitted development rights can be removed as part of a planning consent, in which case the consent will state this and provide reasoned justification for doing so. This could be the original planning consent for the building, or later consents for modifications or extensions.

An Article 4 Direction can apply to a specific property, or could apply to an area. The planning authority has to follow the applicable requirements to notify/advertise/consult with people affected by the direction, so in principle a homeowner should know an Article 4 Direction has been made, but in practice it is easy for people not to read that letter/street notice/advert in the local paper and therefore be blissfully unaware.

If you check the council's website they should have a planning system giving planning information for each property. This might include a section usually called "Constraints" in which things like Article 4 Directions should be listed. But the absence of this isn't proof that there is no direction applying to your property. The only way to know for sure is to make a formal request to the planning authority, or apply for a certificate of lawful development.

sparklybear

Section62: thank you. That’s very helpful. We have spent hours online - council, government, legal websites - without getting a definitive answer. Please may I ask you one further question? The house has only had 2 previous owners. If, for some reason, an Article 4 direction was put on it when it was owned by the people before us, should it have been discovered when our solicitor did the searches?

Frank33

https://forums.moneysavingexpert.com/discussion/comment/81896281#Comment_81896281

A conservatory is simply an extension. Except the materials do need to match the original dwellinghouse.

This is covered under Class A of Part 1 of the GPDO

These rights are either removed via an Article 4 (unlikely) or a previous planning decision.

Article 4 is highly unlikely to affect rear extensions. But they will be on the local authority website.

Some newer estates have permission removed for certain PD rights.

This should've come up in the buying process, but not guaranteed. You can obtain a copy of the original decision notice via the local authority website. Note that you may need to download the outline planning permission as this might contain the conditions.

If others have built extensions, you might be ok, but no guarantees.

If in doubt, seek advice, but I wouldn't advise asking the local authority. They are not your friends. You are likely to need to submit an application to find out! The days of free advice is all but gone.

The details for extensions can be found at GPDO.uk/extensions

One additional check is to make sure your original rear wall is flat - if it was built with any protruding parts, you have a side elevation, which complicates rules.

If you build and needed planning permission, the council can enforce at any point in the next 10 years. They will probably ask for retrospective planning permission. But could potentially ask for it to be removed.