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Planning permission - rear conservatory - falls outside PD

Postby sbrewster » Sat Nov 21, 2009 9:49 am


We are currently purchasing a house that has been subject to unauthorised development.

It has undergone 2 extensions in the last 10 years. The first was a 2-storey side/rear
extension in 2000 for which planning permission was granted.

The 2nd was a rear conservatory - for which planning permission was not granted (or
sought). The vendor believed he was erecting this extension under Permitted Development

I have roughly sketched the original house boundaries and both extensions:


Vendor has recently applied for a legal development certificate for the rear extension,
which has been denied as the conservatory extends more than 3m from the original rear wall.
(It actually extends approx 4.5m). Vendor was under the mistaken impression that it would be
permitted as it extends less than 3m from the extended rear wall (blue line).

Local Planning has suggested he applies for restrospective planning. During the application
for the LDC the neighbours were canvassed and nobody objected to the extension so it is
assumed that nobody will raise any objections to the planning application.

My questions are:

1. As this development is now subject to full planning permission, presumably the limits for
permitted development are no longer relevant? i.e. the rule about extnding no more than 3m from
rear wall?

2. Assuming no objections from neighbours, what other common reasons may lead the local planning office
to deny the planning permission?

3. Assuming the planning is denied what options do the planning office have in terms of enforcement?

Sorry for the long post. If you made it this far thanks for reading and any advice would be much appreciated.
(My partner has fallen in love with the house and wants to proceed regardless, I'm a bit more cautious!)

Thanks again,

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Postby acsimpson » Mon Nov 23, 2009 2:25 pm

Not very sure about 1 and 2 but here goes.

1) If it's not a permitted development then it's subject to full planning rules so I don't think the PD limits are relevant.

2) If neighbours are happy then it might fail for altering the character of the neighbourhood, altering ground water drainage, blocking emergency access, etc. I'm sure there are hundreds of reasons but most won't apply here.

3) If the application was refused then the planning department can force you to take it down and return the property to it's original state.

As I say I'm no expert. Have you phoned your local planning department? They are experts and usually very helpful.
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