Permitted development next to grade II house

[TheRoost]

My next door neighbour appears to be building a rear extension under permitted development. It's a modern house that sits in a space between ours (1889) and an 1850 grade II listed house which was built in the Georgian style.

One of the conditions of planning permission for the original house in yr. 2000 was that extensions and other alterations could not be carried out under permitted development, because of the potential impact on the listed house next door.

I'm assuming that my neighbour is unaware of this condition, I only know myself from researching when we bought our place last year. I don't actually know who my 'neighbour' actually is anymore, as the family vanished just before Christmas and the house has sat empty since, until a guy turned up with a mini digger, dug the foundation trench without any setting out, and tore a load of surface water drains out with the digger too :shock:

Does anyone think that planning would enforce this condition that was made fifteen years ago, and would it make any difference to the decision/end result?

Andy

 

[Flyfisher]

I doubt that local planning will even get to know about the work unless someone tells them.

If they do find out, then presumably they would enforce the condition, but that would only mean the owner has to apply for planning consent. Whether they would get consent is anyone's guess, in the absence of any details about what they are proposing to do.

Also, even with permitted development, I believe building control is still a requirement. I've no idea if BC would automatically check the planning consent situation, but if the plans would normally fall within permitted development then why would they question it further? I would not be surprised if they don't check for a covenant because that would mean that they'd have to check through the title of the property, which I suspect is not a routine activity for them. But I'm only guessing about their procedures.

It's a tricky situation and not one that bodes well for good neighbourly relations, because at the very least the planning consent process will cost them time and money that they're presumably not expecting. On the other hand, they've gone ahead without having the courtesy to inform you of their plans. Hmm.

Perhaps a chat with your conservation officer would be in order, if you wish to pursue the matter?

 

[formerly known as]

if being built as an extension under p.d, then p.p not required. If building as a 20M2 'porch' then b.r not required either. Does the l.p.a actually enforce?

 

[Gareth Hughes]

If I'm reading the original post correctly, then permitted development rights were withdrawn when permission was given for the house to be built.
In which case the extension needs planning permission - someone needs to let the council know, and also remind them that the reason PD rights were withdrawn was the possible effect of extensions on the setting of the listed building next door.

 

[Gareth Hughes]

They've actually got an application in at the moment, only validated last week so won#t be determined for a couple of months. Naughty of them to have started work.

 

[Flyfisher]

Well investigated Gareth. Have you managed to see the plans?

So it seems as if they are aware of the withdrawal of permitted development rights (unless the proposed extension is larger than the p.d. limits anyway) and are doing the right thing regarding planning consent. Yes, a bit naughty to start work, but I guess it's at their risk and it's unlikely they'll get away with much in the end, given that they are following the planning process.

 

[Gareth Hughes]

Internal evidence in the planning application suggests that someone else had informed the council when the foundations were seen being dug. It is something that would have been PD in the normal run of things.
Assuming that what's being applied for is actually what's intended to be built, I can't see it causing problems.

 

[PeterI]

They've actually got an application in at the moment, only validated last week so won#t be determined for a couple of months. Naughty of them to have started work.

You should take up being a private eye rather than a CO... You always amaze me.

 

[TheRoost]

Thanks for that Gareth.

I forgot to mention in my post that there was only an application for building control a couple of weeks back, which showed as status 'received', seeing that lead me to believe that the work was being carried out under PD.

I saved a link to the building control application, but the link no longer works. I assume that now someone has reported it, the building control application has been deleted, replaced by the planning application(?) at least I didn't have to get involved! Hopefully there will be a more sympathetic outcome, regards using matching welsh slate for the roof etc. Outdoor works seem to of ceased for now.

 

[MatthewC]

[pedant mode] Sorry about this but I can't let it pass:

Outdoor works seem to of ceased for now.

"to HAVE ceased", please. That's one of these common modern things which really annoys!

Perhaps Andy Williams started it: people think that he sang "I can't take my eyes off of you" but he didn't, if you listen carefully (showing my age). [/pedant mode]

 

[skier-hughes]

He sang, "Can't take my eyes off have you"?

 

[skier-hughes]

Not one have!

 

[angrybird]

[pedant mode] Sorry about this but I can't let it pass:

Outdoor works seem to of ceased for now.

"to HAVE ceased", please. That's one of these common modern things which really annoys!

Perhaps Andy Williams started it: people think that he sang "I can't take my eyes off of you" but he didn't, if you listen carefully (showing my age). [/pedant mode]

 

[TheRoost]

What can you do to a garage before it requires planning permission or building control?

An opening for a small side door has been cut (fair enough) and the interior has been insulated with celotex and boarded out. It doesn't feature in the extension plans. hmmm.

 

[Keith Bowman]

What can you do to a garage before it requires planning permission or building control?

An opening for a small side door has been cut (fair enough) and the interior has been insulated with celotex and boarded out. It doesn't feature in the extension plans. hmmm.

I cannot see any reason why a garage should not have insulation - ours does, and a de-humidifier working full time - and, of course, an otherwise rust-suscepible classic car.
A garage is a garage is another name for a motor home!

 

[TheRoost]

I cannot see any reason why a garage should not have insulation - ours does, and a de-humidifier working full time - and, of course, an otherwise rust-suscepible classic car.
A garage is a garage is another name for a motor home!

That's understandable but they don't seem the classic car type, more likely it could sneakily be turned into living accommodation.