Permitted Development and planning

[sjones]

We recently had some building work done under permitted development and planning. Dormer at rear of property done under permitted development and front dormer under planning, we were told by the council that the two jobs must not take place at the same time or else the whole thing would require planning permission which we would not get. The builders were told this and work started on the rear dormer. However the front dormer was started whilst I was at work and the rear was finished except for a balastrade around some French doors, this allowed the builders access to property from upstairs. I checked with the builders wether this would be acceptable to the council and they said it was, however the council decided otherwise and I have been served a planning contravention notice. I have been trying to find information about why in law they have to be done seperately and can find nothing. Can anybody point me in the right direction, I come under ADUR council. Thanks

[Peter Crosland]

What your are saying sounds rather odd. Was there some condition in the PP that stated this? Were you told in writing that the read dormer would not require PP?

Peter Crosland

[manatbandq]

Sorry, I can't answer your main question but given what you say I think the builders got it wrong. You should have done the front dormer first under planning permission and had everything signed off and then done the rear dormer under your PD, without involving the council, assuming the front dormer and any other work didn't use up your PD.

MBQ

[sjones]

Yes, we had it in writing from ADUR council confirming the position, and that they should be done seperately. Its a standard thing, see this from governemt web site

From the above site:

Your proposals will be permitted development provided:

• the additi> > We recently had some building work done under permitted development and

[sjones]

Just wanted to know here its written down that they have to be done seperately.

[Tony Bryer]

No, stuff done with PP is taken away from your PD allowance. If you've got two things to do, one that the planners wouldn't like and one that is non-controversial, each PD on its own but not together you need to do the problematic one first.

[Peter Crosland]

Noted. If the dormer, apart from balustrade, was done before they started on the front dormer then I cannot see how the council can claim that it was not permitted development. Sounds to me as though somebody in the enforcement team got it wrong! Maybe if you posted the full text of the enforcement notice it might be clearer.

[sjones]

The front and rear dormers together would still come under my permitted volume. The Planning contravention notice does not go into detail regarding the issue. Basically states that there appears to be a breach of planning and asks for information as to who owns property, who has the mortgage, who builders are and date planning problem happened. The front dormer for which we had panning was done last and was quite small.

[River Tramp]

Just as a guess, is it classed as a terraced property, and do the two volumes add up to more than 40m3? It's just I was involved in one where we assumed we had 50m3 to play with, but when we got advice from the Planners they said (and correctly when we looked into it) the PD was 40m3 for work above or a roof.

IanC

[Peter Crosland]

Not to put too fine a point on it whoever wrote that letter was talking complete rubbish! It is of no consequence who the builder is, or who the mortgage is provided by. I would suggest you make an appointment to see somebody in the planning department with a view to making a formal complaint.

Peter Crosland

[manatbandq]

That's basically what I said!

I would consider something needing PP more problematic than something covered by PD assuming (as I said) that the work done under PP does not use up all of the PD rights. Get the front dormer done with planning permission first, then do the rear dormer under the remains of PD rights.

MBQ

[manatbandq]

[manatbandq]

[manatbandq]

I'm confused as you said the front dormer was done under PP. Now you say both are covered by PD rights. If that's the case why did you apply for planning permission?

Dormers facing a highway (usually the front) require planning permission in many areas of the country.

MBQ

[sjones]

The front dormer was done under planning and the rear under the remains of PD, however the situation is that we have caused a planning contravention notice. I am trying to find out were it says PD and PP have to be done seperately!