sbrewster Posted November 21, 2009 Report Share Posted November 21, 2009 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/rearextension in 2000 for which planning permission was granted.The 2nd was a rear conservatory - for which planning permission was not granted (orsought). The vendor believed he was erecting this extension under Permitted Developmentguidelines.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 bepermitted as it extends less than 3m from the extended rear wall (blue line).Local Planning has suggested he applies for restrospective planning. During the applicationfor the LDC the neighbours were canvassed and nobody objected to the extension so it isassumed 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 forpermitted development are no longer relevant? i.e. the rule about extending no more than 3m fromrear wall?2. Assuming no objections from neighbours, what other common reasons may lead the local planning officeto 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 Link to comment Share on other sites More sharing options...
flying spark Posted November 30, 2009 Report Share Posted November 30, 2009 hi sbrewster, the date of conservatory extension may have relevance to any breach of reg,s.this needs to be determined beforeguidance can be given. Link to comment Share on other sites More sharing options...
sbrewster Posted November 30, 2009 Author Report Share Posted November 30, 2009 The conservatory was erected/completed in August this year.So unfortunately existing use does not come into play. Link to comment Share on other sites More sharing options...
Dougie221 Posted May 31, 2011 Report Share Posted May 31, 2011 So you have tried for retroactive then ? Link to comment Share on other sites More sharing options...
handydanny Posted July 3, 2011 Report Share Posted July 3, 2011 Ask the vendor to take out an insurance policy which covers you as a buyer , the cost is less han £100, and you can then proceed if you wish.Handydanny Link to comment Share on other sites More sharing options...
Recommended Posts