All,

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

guidelines.

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 extending 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,

Simon

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?

Has PP been applied for. If so, you could phone the council and speak to the Planning Officer dealing with it and ask what his planning assessment says and what his recommendation is, whether to grant permission or not.

Also whether it is a delegated decision (ie made by the Planning Officer) or whether it will go to Planning Committee for a decison

Thes will be laid down in the councils Local Development Plan, which will be available at the council, libraries or possibly on-line

 

If PP is refused and any subsequent appeal denied, worst scenario is demolition. Unless you are utimately prepared for that to happen, I wouldn't go ahead with the purchase until the matter is resolved one way or the other.

 

Has PP been applied for. If so, you could phone the council and speak to the Planning Officer dealing with it and ask what his planning assessment says and what his recommendation is, whether to grant permission or not.

 

Also whether it is a delegated decision (ie made by the Planning Officer) or whether it will go to Planning Committee for a decison

Many thanks for your swift response.

I have found the Local Development plan online - very useful document.

I will try the local council to see what their current opinion is.

Again, many thanks.

It can be taken to the Planning Inspectorate, but only the original applicant can do this.

Or it could be reduce back to the pd limits rather than totally demolished....How high is it (to eaves and ridge)? and how far is it off the side boundary?

What did the planners say?