Planning Permission Consent Not Adding-Up

trudiha

I've just had my first pack of documentation from my solicitor and it's worrying me a bit.

The house that I want to buy has an extension and a conservatory on the back of that. I've been given a copy of the planning consent for the extension, which seems to be in order and conformation that the conservatory doesn't need planning permission as it's Permitted Development.

My problem is that the conservatory's Permitted Development confirmation is dated a good ten years before the permission for the the extension. I'm assuming that the conservatory was put up within the PD guidelines, then the extension when up with planning permission ten years later with the conservatory being re-attached to the back of that.

I'm guessing that my solicitor hasn't noticed because he hasn't mentioned it.
Will this cause me any problems?

Doozergirl

Conservatories don't generally need planning permission or building regulation approval.

Even if PP or building regs were required, there's only a certain timeframe within which they can come after you without going to the great expense of court orders.

I wouldn't be particularly concerned.

chappers

As DG says it doesn't matter as the conservatory is within PD whether it was put up 10 years ago or yesterday

beaker141

I am sure it is a 4 year time frame, after which it defaults to a lawful development.

I echo the comments above - dont worry about it.

chickmug

trudiha wrote: »

I've just had my first pack of documentation from my solicitor and it's worrying me a bit.

The house that I want to buy has an extension and a conservatory on the back of that. I've been given a copy of the planning consent for the extension, which seems to be in order and conformation that the conservatory doesn't need planning permission as it's Permitted Development.

My problem is that the conservatory's Permitted Development confirmation is dated a good ten years before the permission for the the extension. I'm assuming that the conservatory was put up within the PD guidelines, then the extension when up with planning permission ten years later with the conservatory being re-attached to the back of that.

I'm guessing that my solicitor hasn't noticed because he hasn't mentioned it.
Will this cause me any problems?

Why not telephone the Planning Department covering the area for the house you are buying. I have always found them very helpful. There are additional issues that could apply like being in a conservation area or the local authority may have removed permitted development rights.

nelly_2

Tell them its not a conservatory its a dead posh greenhouse

Councill officials are morons they'll totaly belive you

UncleMonty_2

trudiha wrote: »

I've just had my first pack of documentation from my solicitor and it's worrying me a bit.

The house that I want to buy has an extension and a conservatory on the back of that. I've been given a copy of the planning consent for the extension, which seems to be in order and conformation that the conservatory doesn't need planning permission as it's Permitted Development.

My problem is that the conservatory's Permitted Development confirmation is dated a good ten years before the permission for the the extension. I'm assuming that the conservatory was put up within the PD guidelines, then the extension when up with planning permission ten years later with the conservatory being re-attached to the back of that.

I'm guessing that my solicitor hasn't noticed because he hasn't mentioned it.
Will this cause me any problems?

You'll be fine.

Permitted development works on an allowance basis.

Check out the GPDO(1995), the relevant sections are part 1 classes A & B under schedule 2.

Extensions will fall under permitted development where they do not increase the volume of the existing house by more than 15% or 70 cubic metres.

Adding an extension which is more than 10 cubic metres and within 5 metres of the house will eat up the 15% or 70 cubic metre allowance.

Therefore the extension must have been above the 15% or 70 cubic metre allowance, hence why permission was sought. Therefore your 15% or 70 cubic metre allowance still remains intact and it is within this your conservatory will fall.

Richard_Webster

Nobody seems to have got the point OP was making.

My problem is that the conservatory's Permitted Development confirmation is dated a good ten years before the permission for the the extension.

So what conservatory was it then? If the present conservatory is on the back of the extension that was built 10 years later it can't be the conservatory that the Council's letter applies to which confirmed permitted development. (Even if it was the same thing that was taken down and re-erected the change of permission means that in planning terms it would be regarded as a new building.)

The extension must have exceeded the then PD limits to require planning permission so it is almost inevitable that the conservatory added on to the back of the extension would have also required planning permission. If the conservatory can be shown to have erected more than 4 years ago then it should now be immune from any planning enforcement. If younger then permission would be required.

Best not to talk to the Council because doing so prevents the seller providing a lack of planning permission indemnity policy if this is needed.