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Planning Permission article - 1
Planning Permission Tips UK - Conservatories - Dispelling a Myth
It's now well into the new year and the residential development scene has
got off to a good start again. All this talk about 'slow down' certainly
hasn't affected peoples desire to improve rather than move. Building Design
Agents are often the first barometer within the building trade of any ups
or downs in trends and I certainly haven't noticed any lessening of work.
Conservatories - lets get it straight once and for all - If you were to ask
10 home owners about the Planning requirements for a conservatory I guarantee
8 out of the 10 would say 'Conservatories don't need formal Planning consent'.
When you ask them to justify that statement all weird and wonderful terms
are stated such as 'its light weight' 'its not made of brick' 'you can see
through it' 'its not a solid structure' etc.
For the record - MOST CONSERVATORY EXTENSIONS DO REQUIRE FORMAL PLANNING
CONSENT in exactly the same criteria as if the extension was a kitchen or
dining room extension for example. This urban myth that conservatories are
exempt from Planning arose from the original Permitted development rights
that were/are attached to some dwellings. Given the relatively modest size
of most conservatories it was easy for them to fall under the strict dimensional
and volume constraints applied to the 70 or 50 cubic meter Permitted Development
rule.
However, what people forget is the fact that most new properties have had
their Permitted Development rights removed by the Planners when the estate
or dwelling was originally approved which has been the case now for at least
20 years and more and more properties have already been extended in the past
ensuring that any permitted Development rights that they may have enjoyed
has now been used up. There is also a whole raft of other 'catch 22' requirements
that can prevent a conservatory being built under Permitted Development that
I will not go into here but suffice to say play safe and always assume that
your conservatory will require formal Planning and it is just a bonus if
it does not require it.
Regretfully this myth that all conservatories are exempt from Planning is
often perpetuated by some unscrupulous conservatory suppliers/manufacturers
that simply side step the issue or place the onus back onto the client. Any
reputable conservatory supplier will assess your particular site circumstances
and have the situation resolved at the Council first. Prior to accepting
any quote you should first see a sight of the Councils 'informal pre-application
enquiry letter' from a Case Planning Officer that confirms the Conservatory
suppliers opinion. WARNING - If it transpires after the conservatory was
built and paid for that formal Planning Permission was required then it is
the HOME OWNER THAT IS RESPONSIBLE for rectifying the breach of Planning
Control - not your builder. If Planning Consent is denied and then again
at appeal then you must remove it at your own cost.
More house sales collapse because of illegally built conservatories than
you would ever imagine - the house purchaser simply pulls out of the deal
running shy of this problem or not wanting to wait the 2 to 3 months it will
take to try and rectify the problem with a retrospective application. The
only slight chink of of hope in all this if you do have an illegally built
conservatory is the 4 year rule - if you can get away with it for 4 year
or more and can prove its age then normally the Planners are unable to insist
on its removal or for you to apply for retrospective Planning approval.
Conservatories are normally fully exempt from the Building Regulations provided
the glass is to a certain type and standard , it does not exceed 30 square
metres and you have dividing doors between the main house and the conservatory.
However, even this has a number of other criteria to comply with in order
for it to be exempt but it is normally much more straight forward than the
Planning issues.
The conclusion to a new conservatory is this - Always request an informal
confirmation letter from the Planning Dept. if it your view or your suppliers
view that the conservatory will fall under the sites permitted development
allowance. Obtaining this confirmation letter can be troublesome at times
if you are unable to supply the Case Planning Officer with some drawing details
and a copy of the O/S map. Most good conservatory suppliers will have their
in house or externally supplied agent to prepare these details for you. Most
Planning Departments will not respond with an opinion unless you can lay
it out on a plate for them so don't waste time trying by calling in on them
and trying to verbally explain your situation - Always write in with sketch
schemes and a marked up O/S plan.
Our 'Maximum Build Planning Guide' explains further the tactics involved
when developing land or a site for residential use and how to give yourself
the best chance of being granted planning permission.