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is planning permission required for a conservatory?

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Old 04 October 2002, 04:22 PM
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NeilT
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Anyone know, only a smallish one? &3x4m

thanks

Neil
Old 04 October 2002, 04:50 PM
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chris singleton
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Depends on lots of different variables, mainly size though.

Best bet is simply to ring the local council and speak to the planning department (nearly all local authorities have different guidelines ). Even better, nip down in person with plans, if it's not required, try and get it in writing, will save lots of hassle when you come to sell.

Chris
Old 04 October 2002, 05:23 PM
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barge
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some areas [bromley in kent] insist you have a water meter installed for any extension to the property
Old 04 October 2002, 05:28 PM
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Steve Williams
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Depends on the area you live in.

If you live on a farm in the middle of nowhere then probably not.

If you live in a new(ish) 2 or 3 bed terrace in/near a town centre then you need it for any size of extension. (I know because we had one done last year, and needed to get the permission).
Old 04 October 2002, 05:28 PM
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LG John
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Talking

As a planning officer I can confirm there are probably too many variables for anyone on here to help you. You need to write a letter with associated sketch (you can manage this yourself) to the local planning authority. Tell them where you live (obviously) and that you would like to know if you require planning permission for your conservatory. On the associated sketch/drawing show where the conservatory will be positioned on your house (show relative to other neighbouring houses/roads/etc) and give its external measurements (in metric) including its height. I think the English GDO uses some sort of strange volume calculation so if you have that info to hand bung it in

Also mark on distance to nearest public footpath/road. The drawing doesn't need to be special just boxes and measurements really.

The planning authority should write back to confirm that the conservatory is permitted development in which case you can file the letter away for when some snotty selling agent asks for it in X amount of years when you come to sell the house. Alternatively you'll be told you need planning permission and you'll probably get sent forms and.......wait for it......a scale of fees!! In scotland a householder development such as a conservatory would sting you for £110.

Hope this helps
Old 04 October 2002, 05:31 PM
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LG John
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nearly all local authorities have different guidelines
Whilst it is the case that different local authorities apply different policies to the determination of a planning application what does/does not require planning permission is determined by the General Permitted Development Order. We have our own scottish version of that order which is why I'm not quoting from it cause I know the english one is slightly different.
Old 04 October 2002, 05:34 PM
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LG John
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If you live in a new(ish) 2 or 3 bed terrace in/near a town centre then you need it for any size of extension
Not at all the case as explained above. New housing developments may be subject to previous planning conditions that remove the permitted development rights I was talking about. Also, you may find places near the town centre will be within a Conservation Area.....even though the houses may be modern The only way to know for sure is to ask the local authority.

You can call the duty planning officer at your local authority if you want to get verbal on whether permission is/isn't needed.
Old 04 October 2002, 06:16 PM
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chris singleton
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Actually, if it's a newish house you may need covenant consent from the original developer as well.

Lots of developers put restrictions in the Transfer when selling the properties that you can't make any alterations without there consent (which they can't withold unreasonably) within the first 5 years.

Not all have such restrictions but the vast majority do.

Cheers

Chris
Old 04 October 2002, 06:28 PM
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LG John
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Thats true. They do it to try and retain their individual style, i.e. wimpy homes look like wimpy homes, millar like millar, and so on. In my experience the tend not to care to much if you want an extension, conservatory, etc.
Old 04 October 2002, 06:29 PM
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marty_t3
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I had a few friends put them up recently (one in Midlothian, one in West Lothian and one in Inverclyde). In all cases the planning permission was only required if the conservatory was over 5 meters in height or within 5 meters of another property. It also cannot allow a view into another property unless the view is already there(ie. so you can't stare into your neighbours front room). One friend got round this by making one wall completely from brick, otherwise the council were going to make her tear it down.

Best thing to do would be to ask your neighbours before hand. If they say it's ok then your local council/planning department don't really have any justified reason to refuse you. They'd only really have a problem with is if one of your neighbours objected. One thing though, the conservatory has to be inspected once its complete (structure/heating/ventilation).

One thing to make sure though. Some builders can be dodgy in that they will say they have got the plans approved and start the building, take your cash, then charge you more when the council tell you to take it down. (happened to a friend, hence the brick wall instead of the glass one).

Hope this helps,

Marty
Old 04 October 2002, 06:42 PM
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LG John
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Best thing to do would be to ask your neighbours before hand. If they say it's ok then your local council/planning department don't really have any justified reason to refuse you.
Please take no notice of this people this is NOT the case.

Section 25 of the Town & Country Planning Act 1997 states that all development must be determined in accordance with the development plan unless material considerations indicate otherwise.

The development plan is the local plan and the structure plan and the local plan is the one that'll tend to have policies relevant to determining householder planning applications.

For example Policy ENV3 of the adopted East Lothian Local Plan 2000 states that all development including alterations and extensions to house must be of a scale, form and proportion that is in keeping with that of the existing building and other buildings in the locality. Development must not give rise to harmful loss of privacy through overlooking - or words to that effect. Basically, even if you submit 100s of letters from every neighbour in your estate saying they don't mind that your conservatory/extension looks into their bathroom and bedroom at a distance of 2m we'll still refuse it!!! I do this for a living (unfortunatly) so trust me on it.

If a conservatory cleary did overlook a neighbour and I approved it despite being contrary to Policy ENV3 of an adopted local plan I'd not be meeting the terms of Section 25 of the act and would be wide open to challenge!!!
Old 04 October 2002, 09:05 PM
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ian/555
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Would I be right in thinking that a conservatory made from wood, would not need planning permission as it is not classed as a permanent structure?
ian
Old 04 October 2002, 09:13 PM
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LG John
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Where on earth did you get that idea? If that was the case you could buy a big bit of land in central london and build a huge wooden home. You'd be fine until the big bad wolf or the local planning officer came around
Old 04 October 2002, 09:53 PM
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boomer
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Question

Just a thought, but would the recent change in legislation regarding replacement windows (i.e. you now need permission/certificate) affect a conservatory?

mb
Old 04 October 2002, 10:37 PM
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Question

Saxo Boy - is there a time period where after a structure has been in place, it cannot be objected to?

Den
Old 05 October 2002, 10:30 AM
  #16  
LG John
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Just a thought, but would the recent change in legislation regarding replacement windows (i.e. you now need permission/certificate) affect a conservatory
Not heard of any such changes but I suspect it may be changes to the Building Regulations that would require you to obtain a building warrant for replacement windows. Most replacement windows cases are permitted development but not all, so check. You ALWAYS require PP for windows if its a flat (including 4 in a block type flats) but some council's argue this is diminis to save themselves the throuble

Saxo Boy - is there a time period where after a structure has been in place, it cannot be objected to?
I can't recall all the various time restictions but if you say, extend your house (not listed) then after a period of 4 years (scotland but I think england too) enforcement action can no longer be taken against it and the council should confirm to you in writing that they can no longer do anything about it if it's brought to their attention.

The time period for a change of use's enforceability is 10 years if I recall and I think listed building changes are 10 years also but they may be infinate - can't remember.
Old 05 October 2002, 06:22 PM
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Allan
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Angry

Development must not give rise to harmful loss of privacy through overlooking - or words to that effect.
Hmmmmm,
We had a neighbour who recently built an extension which necessitated adding a window to the existing part of the house, we objected to the plans as it overlooked our garden and all windows on the back of the house, the plans were subsequently refused.

Neighbour then writes to local MP and appeals, plans granted [img]images/smilies/mad.gif[/img]
Old 06 October 2002, 10:56 AM
  #18  
LG John
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Allan that is a very difficult situation for the planning authority to deal with. You see the window being formed on the main part of the house probably didn't need planning permission so despite being shown on the plans wouldn't have formed part of the application and the occupants could have made that change at any time they pleased with no one to stop them. The planning authority probably refused the application because the formation of the extension 'promoted' the formation of an overlooking window. Personally I think that is a gutsy reason to refuse an application and this proved to be the case because the decision they took was overturned at appeal. You might want to think about erecting a fence .....or a 40 foot laylandi
Old 06 October 2002, 05:32 PM
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Allan
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Sorry not much to do with conservatory’s.

SB, we actually had a site visit from the planning officer who advised us that addition of the window would be “loss of amenity” to ourselves and considered that it would be very unlikely that the plans would be approved. We of course agreed and made this point in our letter of objection.

What upset us the most was that our neighbour was able to apply leverage to the argument by adding a letter from the MP to his case.

It’s an upstairs window so the tree idea is a good one
Old 06 October 2002, 06:02 PM
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LG John
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So the planning authority didn't refuse it?? It sounds to me like the above scenerio is the case. They probably knew that if they refused it because of an 'indidental' window they would lose it on appeal. Laylandi grow about 3 feet a year if I recall and are outwith the control of planning
Old 08 October 2002, 08:07 AM
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Rusty Festa
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Red face

is planning permission required for a corner

Sorry, muppets a bit quiet this morning

<legs it quick!>
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