Permitted Development

hunton69 · 28-09-2010, 10:23 PM

Is this the extreme to permitted development to a house. The house that we bought is the old pebble dash one.
We just bought this and the council ain't to happy with it

biffer · 29-09-2010, 08:17 AM

tell us more, the council are all jobs worths, i built a biggish shed (50x25)and they got the hump because i didn't put plans in, when i told them and showed them pictures of the one it replaced which was larger they said, you need building regs, when i said it's not over 4metres high they said, did you get a licence to move that dirt from the footings to the bottom of the garden, that when i said !"£$%^** off, you w"!^*%^&", the sheds still here 5 years on

Downhilldai · 29-09-2010, 05:52 PM

Quote:

Originally Posted by biffer

tell us more, the council are all jobs worths, i built a biggish shed (50x25)and they got the hump because i didn't put plans in, when i told them and showed them pictures of the one it replaced which was larger they said, you need building regs, when i said it's not over 4metres high they said, did you get a licence to move that dirt from the footings to the bottom of the garden, that when i said !"£$%^** off, you w"!^*%^&", the sheds still here 5 years on

You'd think they'd have more important business on their hands. Biffer's shed is hardly a blot on the landscape. Haven't been upsetting the neighbours, have you biff?

biffer · 29-09-2010, 06:47 PM

Quote:

Originally Posted by Downhilldai

You'd think they'd have more important business on their hands. Biffer's shed is hardly a blot on the landscape. Haven't been upsetting the neighbours, have you biff?

not lately

Pash 1 · 29-09-2010, 07:03 PM

Quote:

Originally Posted by hunton69

Is this the extreme to permitted development to a house. The house that we bought is the old pebble dash one.
We just bought this and the council ain't to happy with it

IN answer to your question... Read this.....

Martin

hunton69 · 29-09-2010, 10:12 PM

Quote:

Originally Posted by Pash 1

IN answer to your question... Read this.....

Martin

One thing reading that and another understanding it.

The problem we have is the original house only has 3 bedrooms and we would like to extend to at least 4. If we don't conform to the council i'm guessing they have the right reject any future extension plans.

biffer · 30-09-2010, 08:04 AM

Quote:

Originally Posted by hunton69

One thing reading that and another understanding it.

The problem we have is the original house only has 3 bedrooms and we would like to extend to at least 4. If we don't conform to the council i'm guessing they have the right reject any future extension plans.

blimey!, i'm betting that most of the council haven't read that but just refer to it, have you submitted detailed plans yet?, i applied and got 2 extension on my place, affectively doubling the size of it, can i assume that you ask the council what you could do and they just sent you that jargon

hunton69 · 30-09-2010, 11:56 AM

Quote:

Originally Posted by biffer

blimey!, i'm betting that most of the council haven't read that but just refer to it, have you submitted detailed plans yet?, i applied and got 2 extension on my place, affectively doubling the size of it, can i assume that you ask the council what you could do and they just sent you that jargon

As were in the green belt there saying we can only extend by 40% even though we have a 4 acre plot it will also depend on what we demolish.

The previous owner built 8 out buildings under PD rules what you can't tell by the pictures are the 2 bungelows are 70 x 26 foot, the building to the right of the swimming pool is 28 x 18 ( he called the dog kennel ) swimming pool 60 x 28 and various detached garages. can't see why the council got the hump

daren · 30-09-2010, 03:07 PM

I have to deal with smug git planners on a daily basis and their holier-than-thou "I'm right, your wrong" attituded really pisses me off, it really chears me up when I get one over on them using permitted development rules. They are so far up their own arses they have forgotten that they are there to serve and not pass judgement as they see fit, costing me and my clients time and money, and they do that with virtually no accountability whatsoever. You can thank Maggie T for giving them that power.

Anyway, rant over, you are alowed to build on 50% of the plot of land surrounding the original house (if older house then the house as it was on of 1st July 1948), that includes extensions/buildings built with planning permission and under PD rights with certain height restrictions of 2.5m at eaves and 4m at ridge and you must be 2m or more away from the boundary but you look ok on those.

What they probably are unhappy about is that this all only applies as long as it is not living accomodation, I think that is where they will try and get you, they'll say its is living accomodation or could easily be living accomodation and looking at the pic's you might have a hard time winning that argument.

But also, planners can take steps to stop development even if it is clearly PD if they think it is not a suitable development, i.e a shark sticking out of your roof or an old Revenger San Marino used as a plant pot in the front garden as that would bring the tone of the street right down.

And as for building reg's, outbuildings generally dont need approval if the floor area is under 30 sqm and/or is not living accomodation but it does depend on the type of construction, layout and use, so you may need to apply for retrospective building regs approval on some of those buildings regardless of their planning status.

Good luck.

(goes off muttering under his breath, fecking bast**ds...etc etc.)

biffer · 30-09-2010, 05:45 PM

don't see why they've got the hump with you, you never built them, as far as i can tell you're trying to tidy it all up and make it comfortable, don't knock anything down until you've got something concrete from the council, have you an agricultural tie or a holding number (smallholding) might make a difference, the land agent from the NFU might be able to help if you have

larby · 30-09-2010, 08:02 PM

You think its bad over there, try building over here!!! Can't do anything structural inside or out without permission apart from erect one shed, small grenhouse etc!

baj666 · 30-09-2010, 08:15 PM

Quote:

Originally Posted by larby

You think its bad over there, try building over here!!! Can't do anything structural inside or out without permission apart from erect one shed, small grenhouse etc!

i can see enterprise right there...grow pot,make loads of money and buy or bribe an official

larby · 30-09-2010, 08:29 PM

Ha ha, plenty have tried it and failed. Customs have too much of a monopoly on drug sales over here

andy21 · 30-09-2010, 10:27 PM

Quote:

Originally Posted by larby

You think its bad over there, try building over here!!! Can't do anything structural inside or out without permission apart from erect one shed, small grenhouse etc!

Add porch to the list - providing it is within a certain percentage of the property...

hunton69 · 27-10-2010, 06:48 PM

Thanks for the replies guys. We decided to start taking down one of the bungalows against all the advice from our experts but it appears on the surface to be working as we had a meeting Monday with the council and they seem happy ish. Planning on the main houe looks as though we may get what we want. Only time will tell

hunton69 · 31-03-2011, 08:11 AM

The saga continues

The future of these buildings now depend on whether they are built within the curtilage of the property.

How do you define the curtilage of your house?

our opinion obviously differs fron the councils.

biffer · 31-03-2011, 08:53 AM

Quote:

Originally Posted by hunton69

The saga continues

The future of these buildings now depend on whether they are built within the curtilage of the property.

How do you define the curtilage of your house?

our opinion obviously differs fron the councils.

have you a boundary dispute, look at discription of curtilage, are the buildings on your property shown on your deeds or more importantly on the land regisrty.
it sounds to me that someone at the council has a hidden agenda.
i told you not to take them down.
i've had this before, i thought they had softened and i removed a large shed from one of my other houses, when i came to replace it they tried to stop me, they said there was never any planning for a shed and in there view there was never one there, luckly i had photo's and a letter from the previous owner saying that it had been there for years.
i built the new shed against there wishes and it was still there when i sold it.
there are using you to fund there budget cuts, you need to go a lot higher to get someone to ask them some awkward questions, do a letter to your MP

Jon Holmes · 31-03-2011, 11:28 AM

Regardless of whether they are within the curtilage of the house or not, if they have been up for more than 4 years without any objection from the local authority then they can not make you take them down even if they were constructed unlawfully. However if you remove them, you will not be able to replace them.

Take good advice, if you can find it! Best of luck.

Jon Holmes · 31-03-2011, 11:33 AM

Quote:

Originally Posted by hunton69

How do you define the curtilage of your house?

Basically the legal understanding in this country is: "The area around the dwelling house used specifically for the pleasure and enjoyment of the occupants of the dwelling".

Adjoining land is very difficult to get accepted as curtilage to the original dwelling house.

hunton69 · 31-03-2011, 12:33 PM

Thanks for the replies

The council have been on this case for a couple of years and they were only built approx 3 years ago so the 4 year rule does not apply.

Now spoken to the council lawyer and they define curtilage as a small piece of land around the property but case law doesn't always agree.

How do you define small?