webuser_400078241

Quick Planning permission then PD (permitted development) Question

HU-400078241
20 February, 2019

We already have approved planning for a big side-to-rear double story extension.

I trust its ok to build a conservatory now under PD prior-neighbour-notification rules at the rear as long as it does not touch the above extension and therefore they are totally separate developments (not touching) as we've NOT used our rear-extension PD rights yet?

We will probably build the bigger one next year, but don't want it to be cancelled which is why I'm asking this question.

Many thanks in advance. [PS our Council planning department are useless in answering a simple question like this and expect forms/fees/weeks to answer!] :

Comments (10)

  • PRO
    Man About The House - The DIY & Odd Job Handyman

    That's not how it works. It's not individual additions, it's all additions cannot exceed more than 50% of the original land the house was built on. Therefore, if your extension already covers that then you can't put a conservatory up under permitted development. If the extension does not cover more than 50% you can use up the remainder up to 50% for the conservatory. Hope that makes sense. Here's the actual wording and rules on the planning portal Planning portal - Conservatories

    HU-400078241 thanked Man About The House - The DIY & Odd Job Handyman
  • HU-400078241

    Many thanks for your response. We have a large 100ftx40ft garden so whatever is built will never approach anything like 50% of this floorspace.


    My understanding is if the new conservatory touches the big side-to-rear double story extension then it will not be considered a class A PD, because it's then becomes more than just class A (i.e. it becomes a wrap-around extension). This is why we will leave a 50mm gap between the two, albeit I don't know if the foundations are allowed to touch each other under the ground?


    We just don't want to lose the big extension permission after doing the conservatory as it was 2 appeals before we won it! Thanks

  • kikiamack
    I don’t think the two things can be treated as isolated. We had a loft conversion done under PD and a first floor side extension under planning permission. We were advised by our architect to get a certificate of lawful permitted development. The planning application was put in at the same time. The letter giving planning approval made reference to the PD and placed certain conditions such as the roof on the loft conversion being completed before the roof on the side extension. If I were you I think it would be worth taking professional advice from a local architect. It is definitely worth getting a certificate of lawful permitted development in any case.
    HU-400078241 thanked kikiamack
  • PRO
    Man About The House - The DIY & Odd Job Handyman

    Lofts weirdly enough are counted separately, they changed the rulings for those a few years ago. They have their own set of rules depending on the size of the house and allowing for different volumes to be added under P.D

    HU-400078241 thanked Man About The House - The DIY & Odd Job Handyman
  • PRO
    Resi

    Hi,

    Permitted development rights don’t start afresh with each new extension, they apply to every structure added onto the original building. So if you’ve built a large side-to-rear, it’s likely you’ve already used up most of your given allowance. This means your conservatory will most likely require a full planning application.


    In the event you still have some of your permitted development rights to play with, we would still recommend covering your back and applying for a Lawful Development Certificate. This documentation basically proves to both your local authority and future buyers that your build was legal at the point of construction. Essential going ahead with a second structure.


    Because you’ll be navigating a more intricate form of planning, we would recommend getting an architect on board for your conservatory. They’ll be able to assess whether or not you can create the structure you want with your remaining allowance, and if not, an architect’s planning support helps you avoid any of the common causes for rejection.


    If you’d like one of our experts to assess your future plans, we offer free consultations, which you can book here: https://resi.co.uk/advice_calls/new


    Hope this helps!

    HU-400078241 thanked Resi
  • HU-400078241

    Hi Resi, thanks for your message which is very useful. For the side-to-rear extension, we've just been granted planning for now (not yet built) - do you think a 6m long conservatory can be built first (as long as its not going to touch the side-to-rear one)? Thanks

  • Angie
    I thought the 50% rule applied to the area of the original building rather than the whole plot of land. In other words, having a large garden is not relevant. I’d take professional advice to be certain before committing funds and energy to this. Getting it wrong can mean problems if you’re up come to sell, and potentially you could be fined. It may all be ok, but better safe than sorry.
    HU-400078241 thanked Angie
  • Angie
    Have just checked on the technical information about PD and I’m wrong about the 50% rule. But the point about the not joining conservatory is less clear to me. I suspect that having had two appeals to get planning permission things may be less straightforward for you? But I’m not a planning person, and I think it would be worth the form filling and fee to get firm advice from your planning authority.
    HU-400078241 thanked Angie
  • PRO
    Man About The House - The DIY & Odd Job Handyman

    As Resi says, it's not possible to tell without a plot plan and the exact sizes of all extensions, sheds, out buildings etc. Many other rules exist on top of the 50% of the original land ruling. It's best to check with someone such as the planning department or other professional who has all the relevant info.

    We used our 50% up many moons ago with a Garage and Utility, mores the pity!

    HU-400078241 thanked Man About The House - The DIY & Odd Job Handyman
  • obobble
    If you have a large plot, not all of it will necessarily be counted as curtilage, and the 50% references the curtilage, not the whole plot. Cartilage is a tricky concept ( if you want to read up I'd recommend Martin Goodall's planning blog, just search for cartilage). You don't use up your PD rights as such when implementing full PPs but the PD allowances are calculated from the original walls of the house as when first built ( or as it was in 1947 if older) so if you already have extended by say 2m at the back of a semi you could only extend a further 1m. However, if your conservatory would be attached to an original rear wall and that back wall is flat(i.e. no steps or external chimney stacks in it) AND it doesn't attach to your full PP structure then you should be able to do it. Just be aware though that a 6m conservatory would come under the large extension regime rather than traditional PD so you would have to go through the relevant process for that with the local planning dept and you will need an architect for that.
    HU-400078241 thanked obobble

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