I don't know where to post this so here it is ...

I'm building an extension/conservatory at the back of my house (i know it may seem wrong, considering that we're in the middle of a credit crunch, but this deal with the builder was done 2 years ago and i got a very good price, so been waiting for him to be free). I'm also converting the garage into a room and it's an all inclusive price.

So, here i am, in Jan we've built everything up to the extension roof and conservatory windows. So foundation, bricks, insulation etc all done. Next door have now complained to the Council's planning department after voicing some concerns last week, stating they're not happy with the extension/conservatory as it will block their light from my side and they'd rather keep the knee high fence we had. This was after the foundation and brick walls were built.

We told them planning is not required and that i am building within guidelines. Also, they are aware that i applied for planning last year for this and a double side extension and the officer told me to do the work at the back and garage conversion first, within permitted development rules, then apply again for the side extension which he will be happy to accept and that way i get a better deal from them (otherwise he would use up my permitted development within the back extension/conservatory).

Planning officer came today stating 'someone' had complained but said to work out which 1 house had done so, which i know anyway. He said i am 6 metres out, with the rules being 4, but i said i am building with permitted rules of 70 cubic metres internal and no 'out' distance and my internal area is 61 cubic metres. So i am within guidelines from when i started the project though slightly out in today's rules.

So, here i am, looking at options as to what may happen. Some info below.

1. Prior to Oct 1 2008, i could build within 70 cubic metres internal space without planning (detached/semi) and no rules on how far back i can go. I saw my planning officer in Aug and he advised as i stated above.

2. After Oct 1 2008, the rules have relaxed slightly but have changed a bit. Now i can build only 4 metres back from my house (detached/semi) but no internal space, which can be 50% of the curtalage (empty land) of the house.

Some of my work started before 1 Oct 2008 and it is the whole 'project' which is being carried over to now. Due to the cold winter, the builder took about a month off in Dec.

The council's website info on permitted development is confusing and i have also rang the planning department at every stage to ask. All the time i've been told it's 70 cubic metres internal space and a conservatory needs to be 50% glass on the sides and 75% glass above, which mine is. So according to them until end Jan, i was within guidelines and no need to call them out.

The website stated during my building time (until today after the officer came and i told him the info on the site may be wrong then) that i can build up to 70 cubic metres and 50% of the empty land, so a mixture of the rules from before and after 1 Oct 2008 and i am within these.

At worst, i would need to bring back a wall at 6 metres to a 4 metres distance, which means the loss of the building costs, including materials and labout. About £3,000 i would say. About the same to rebuild. I could argue that the council provided incorrect info to me which resulted in this unexpected loss and they should compensate for the moving and building the wall again.

At best, i carry on as i am doing and they agree i am within guidelines.

This is what the council info said, note the 70 cubic metres but nothing about the distance of the wall from the back of the house (new rules state 4 metres).

Planning permission is required:

 

* If the conservatory exceeds 50 cubic metres on a terraced property, or the property is located within a conservation area, or 70 cubic metres in other cases e.g. semi-detached or detached properties. i am within 70 cubic metres ([pre 1 Oct 2008 rule).

* If the conservatory and previous extensions erected post 1947 combined, exceed these allowances. this is not applicable.

* If the conservatory is over 4 metres in height from the ground level on which it is erected. i am within this.

* If the conservatory is located between the wall of the property and the highway. this is not applicable.

* If the conservatory exceeds 50% of the curtilage. i am within this (post 1 Oct 2008 rule).

* No part of the structure, including foundations, guttering etc, projects into the adjoining properties boundary. i am within my own area.

* If the building is listed, listed building consent is required, and you are advised to discuss your proposal with the conservation and design officer.

 

 

Planning permission is not required if the conservatory does not exceed any of the above values, however you are strongly advised to check with the planning office.which i did at all stages, duff advice given.