MattW

Wish to add an extension to the back of our house. Received a letter from council to say work falls under T&C act as permitted development.

It refers also to section 191 and 192, saying the notice does not constitute certificate of lawful development.

Can you tell me what 191 & 192 relate to??

Cheers

LG John

Can't recall off the top of my head what those sections are but for the purposes of a householder extension I'd say the letter of comfort you have is sufficient. You'll almost certainly need a building warrant though so check with Building Control. If in doubt phone for clarification - I work to the scottish system which is slightly different

MattW

Cheers, I assume it has something to do with using tha land or building for something other than living accomodation. Just have to get permission from the original builder now:rolleyes.

LG John

That is usually the easy part as generally they don't give a rats *** what you do. If you intend to give a wimpy home a persimmons frontage then yeah.....maybe they would object

LG John

Now that its morning and I have a clear head you don't need to worry about a certificate of lawful development. This is a new built extension and the planning authority have confirmed that you don't need planning permission based on the information/drawings you provided them. Happy building

MattW

Cheers - much appreciated.

New study\boys room to be built so I can vacate Bed3 for babt number 2

LG John

Good going, despite the high 4.5 sy v sh ratio you obviously aren't firing duds

BenjC

permitted development rights allow you up to 10% of the floor area of your property if it hasn't already been extended. You will need building regs and a completion certificate unless you plan to spend the rest of your life at this property!

Your local planning department will issue these after an inspection. Do not lose them. They will be needed when you come to sell the house.

MattW

Lmao all in working order here, or at least the wife is as my mates keep telling me.

LG John

Benj the PD regulations are FAR more complicated than that. In Scotland you have to take account of the area the extension is in (conservation area, etc), whether PD rights have previously been removed, the height of the extension, whether it brakes into the roof of the house, its external floor area, positioning relative to paths and roads, percentage of floor area of the plot, etc, etc. In England its similar but I believe in place of floor area they consider volume (nightmare!!!!). I read recently they have decided that the Scots know what they are doing (again ) and are going to switch to using floor area as a factor. The only way to know for sure is to ask your planning authority which Matt has done. He need to get his building warrant completion certificate and keep that with the letter he refered to in the first post and then he is sorted

MattW

Benjc - My builder is taking care of that. He employs a freelance building inspector as he explained they tend to be more objective than the spotty council oiks.

No offence to spotty oiks or council employees.

LG John

Probably a good description of me actually

BenjC

Agreed. When it comes to housing the Scots do know what they are doing, from planning to selling they have got us(England) beat. I really do dispair sometimes!

LG John

Guzzumping (sp?) anyone

Dunk

iTrader: (1)

** Hijack **

SB,
Recently bought a bit of field to add to my garden (15mtrs * 30 mtrs) which is for agricultural use. I'm going to change my fencing to include & it will form part of my "garden". I don't plan to put anything permanent on it, (maybe a shed/climbing frame etc.)
What is the difference agricultural & domestic use of the land ? (Always fancied a cider orchard )
What action could be taken against me ? (PP wouldn't be given for change of use)

Thanks,

D

** PS Hijack over **

LG John

By changing the fence line to include it you are very much incorporating an area of agricultural land into your domestic garden irrespective of what you build on it. This requires change of use. The worst that would be likely to happen is that someone comes along and makes you move the fence back and restore the use. I wouldn't go planting your prized plants on that land just yet until you are confident that nobody gives a rats *** about what you've done

mattstant

Speaking as a developer couldnt give a fig if you turned it into a space rocket these clauses are to prevent somone moving in next to plots as yet unsold and putting up a hideous asbestos garage or gazebo which will directly affect the saleability of surrounding plots.
They usually last about 5 years from date of occupation and result in numerous phone calls from green house and 6*4 garden shed errectors worried that we will come and bulldoze there prize possesions because there barrack room lawyer brother in law has told them thats will happen.

Dunk

iTrader: (1)

** Hijack not yet over **

Surely the useage would determine whether it was domestic or agricultural rather than the boundaries ?
Can I not fence it & be highly inefficient at "farming" it, in the same way that Mr Farmer could also have been, if he had divided the whole field into small plots ?
Would the "orchard" concept help in any way, or is it as flawed as it is trasparent ?
Could they really insist on no fence, even if the ground is bare ?

Much appreciated,

(Swim pool, tennis court, rollercoaster now on hold )

D


[Edited by Dunk - 11/25/2003 2:27:33 PM]

mattstant

have to back up Saxoboy (this side of the border any way ) as a tennant of ours who also rents land at the back of his house tried the same trick and is about to be served an enforcemant notice for change of use.

MattW

Mattstant

Bl00dy developer has ten year clause and wants £125 + vat to give permission. Something you need if you sell the house within 10 years as the buyer's solicitor will ask for it.

mattstant

thats naughty mattw who's the developer does it begin with ba and end with rat

By the way what do you mean by "Freelance building inspector" ???


[Edited by mattstant - 11/25/2003 3:26:05 PM]

MattW

No begins with "bo" ends with "vis"

The builder who I have engaged employs(engages) his own building inspector. His reasons were that the council inspectors are fresh out of college and follow the regs per the text books\manuals, wheras the more experienced inspectors are more objective about what can and can't be done.

One of the requirements we have is to remove a stub wall, which may not be allowed per the manual. It's a load bearing wall and involves a lintel being inserted etc etc.

This may be more a local experience type thing.

LG John

Determining whether or not their has been a change of use can very often be a fact and degree basis. 99 times out a 100 you'll not get past the planning man/women because he'll take one look at the space and it'll be clear if you are using it as part of your garden. If there wasn't obvious signs then what would be the point in even having the space. The orchard one doesn't work either, someone tried that one on me

As much as I shouldn't say this I'd be tempted to chance my mitt - even if you do have to put it back the cost implication of moving a fence line again and removing a climbing frame, etc isn't very high and most planning officers don't have the time to get overly worried about the loss of a little bit of land.

Dunk

iTrader: (1)

SB,
My main concern is the Parish Council going on a crusade over it. Can't really see what the objection would be if we planted trees etc & didn't build on it.

Thanks for your help,

D

** Hijack ended peacefully with no casulties **

LG John

Build a lookout tower with a fake machine gun at the top - that'll keep those pesky officals away