Extension was never granted planning permission

patricia1066

The extension on our recently purchased home has a stud walls and plastic sheeting. On a 1860's coach house you can imagine its not in keeping.
I had asked the planners before completing if there was any condition issued or planning refused with regard to the property and they said no.
Now after 1 year there we want to make the extension better, appropriate materials etc.
One builder said the period that the extension needs to be in place for retrospective pp is 12 years, another 4 years. It might have been there for any period as the extension is composed of parts added over the decades.
I would really appreciate some advice on how the planners will look at our planning application

planning_officer

Once a residential extension has been in place for four years, it becomes immune from enforcement action from the local planning authority, i.e. in effect it becomes lawful. It is your responsibility to show that it's been there for more than 4 years though. You may want to apply for a Certificate of Lawfulness if you have the evidence to show it was finished more than 4 years ago.

I think the builder who referred to 12 years was getting mixed up with adverse possession, which is entirely different - that's an ownership matter, i.e. a civil one, not a planning one!

bostin

If you are going to need planning permission to make the improvements that you seek (i.e. you are planning to further extend the extension etc) then don't get too hung up on seeking a Certificate of Lawfulness.
As long as the proposed extension is in keeping with the character and appearance of the building and would not be harmful to the character and appearance of the area, then it's likely that you will get permission regardless of whether the existing extension is 'lawful' or not. If you were to get permission then it would supersede any issues relating to the lawfulness of the previous extension. A caveat to the above is if there are particular 'constraints' on the building (e.g. listed building) or the area (e.g. Green Belt, AONB, Conservation Area etc) where things will get a little bit more tricky!
HTH
Bost

patricia1066

That is good to know, thank you both for your input.

If we do get a Certificate of Lawfulness, and seek to enlarge the footprint, does the permitted development calculation take into account only the original house or the whole?

bostin

patricia1066 wrote: »

That is good to know, thank you both for your input.

If we do get a Certificate of Lawfulness, and seek to enlarge the footprint, does the permitted development calculation take into account only the original house or the whole?

The house as it was in 1948. Are you aware of the differences between a Certificate of Lawfulness and a planning application? Just curious as either you have a very good working knowledge of using a Certificate of Lawfulness to establish for certain whether what you want to do is 'permitted development' or you getting a bit side-tracked!!:rolleyes:

SquatNow

I suspect if you're knocking down an eyesore and bild a nice replacement the planning authority will waive it through, however the current contruction may be classed as a shed or something so I'de try and get legit first!

patricia1066

bostin wrote: »

The house as it was in 1948. Are you aware of the differences between a Certificate of Lawfulness and a planning application? Just curious as either you have a very good working knowledge of using a Certificate of Lawfulness to establish for certain whether what you want to do is 'permitted development' or you getting a bit side-tracked!!:rolleyes:

The first time I heard of the phrase was 2 days ago, so not much knowledge in this area yet.
I wondered how it affected permitted development. rights in the future
The permitted development in the extension is already over 15% of the original volume, so any further P.D will be in the porch or dormer window.
Why does 1948 come into it?

Doozergirl

I don't think 1948 does come into it although it's when proper Planning Regualtions started. I think that many later extensions will still be classified as part of the original house.

I wouldn't worry too much as if it is 'old' the planners will probably deem it irrelevant. The fact that you want to change it makes a certificate of lawful development pointless. The fact is that your house never had proper planning permission either so the planners will simply look at your house as it stands now and consider whether what you want to do to it is appropriate.

planning_officer

When calculating 'allowances' for permitted developments rights, the 'original' house (as defined in the GPDO 1995) is as it stood on 1 July 1948, or if it was built since that date, then the 'original dwelling' is how it stood when it was first built (i.e. what was granted planning permission).

Any additions to the 'original' house (as defined above) count towards the permitted development allowance. This includes outbuildings if they are within 5m of the dwelling, and if you're in a National Park, AONB or conservation area, it includes any outbuildings within the whole curtilage.

planning_officer

Doozergirl wrote: »

I don't think 1948 does come into it although it's when proper Planning Regualtions started. I think that many later extensions will still be classified as part of the original house.

Nope - see above!