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  • Refurbish/Develop

    Development question - can you advise?

    I'm doing a development building a four bed / 3bath house on a double plot. The plot has now been divided, and I want to refurb the existing chalet bungalow on the other side of the site using "permitted development rights" to build dormers to enlarge the rooms in the apex roof.
    However, I had to demolish the rear single story conservatory of this building to give greater amenity/garden space at the back of the existing to achieve the planning for the new build on the other half of the plot.
    Does this mean I cannot use permitted development for the rooms in the roof now?
    Any advice greatly appreciated.
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    Jane Skynner
    janeskynner.com
    @janeskynner
    Hi Jane,
    Sounds like an interesting project. Good luck with it.
    Permitted Development Rights allow you to make minor alterations without the need for planning permission. The rights may be restricted if the property is in a "designated area", a conservation area, national park, etc.. It is usually easiest to simply contact your local planning authority and ask the question. Some authorities can be very helpful, whilst others may not be. The UK Planning Portal may also have some guidance - check out https://tinyurl.com/l8uawz for details.
    I hope this helps.
    All the best
    Paul Skinner
    PKS
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    Thank you so much for replying Paul. We have connected via twitter too!
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    Jane Skynner
    janeskynner.com
    @janeskynner
    Hi Jane,
    Paul's suggestion of contacting your local planning department is a must. Another thing you could try is contacting Trevor Dennington as he is a top planning consultant and will know more than your local planners. Trevor is a member here but seems a very busy chap so he might be slow in getting back to you. Got to be worth a try, nothing ventured and all that.
    My instance reaction when I read this was a positive one as by knocking down the conservatory you would have probably reinstated your permitted development rights. The thing that's thrown me is you having devided the plot - shouldn't matter but it's confusing me for some reason.
    Speak to Trevor and/or the planners as suggested by Paul.
    Good luck.
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    This is a very sticky question and only a Court could give a definitive answer based on the facts of the particular property and development proposal.
    But dormers would change the external appearance of the building significantly, and would therefore normally need planning permission anyway in my view.
    If you can persuade the planners otherwise, do ensure you get that in writing from them.
    I have lost count of the number of times in the past 20 years that clients have told me they got a nod of approval from the planning officer on an informal consultation, and that this was later changed to a total reversal of the advice given !
    A roof window (e.g. a velux type window) doesn't normally need permission, but a new window projecting beyond the existing roof shape (like a dormer does) usually does need permission.
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    Trevor can you provide some clarity please:
    Have you spotted something and not mentioned it in your post? Are there new laws affecting bungalows?
    My understanding: Provided I adhere to particular guides i.e. the dormers are not raised above the roof apex, then I'm allowed to erect them as part of my permitted development rights. I've done this without the need for planning approval, albeit, never on a bungalow.
    Is it to do with the dividing of land? I'm lost.
    Marcus
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    The permitted development rights should remain on the existing property. Usually permitted development rights would be removed from the new dwellings to restrict or control further development. Also, if the property is a listed building, in a conservation area these rights may have been removed.
    It would be worth looking at your existing planning approval to see if any of the above apply.
    I would agree that you should discuss this with the Planning Department to ensure that the roof extension (i.e dormer windows) fall within the permitted development limits. If they agree that alterations fall within the limits and your permitted rights still apply, I would also recommend applying for a 'Certificate of Lawful Development'. This way any comments made by the planning department are officially recorded.
    Hope this helps.
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    Hi All who replied to my query. Sorry for not replying earlier and thanks so much for all your responses. Indeed what Valton says is what my architect has since confirmed. (And it is not in conservation or listed area), but to confirm yes, by applying for a Cert of Lawful Dev is the safest option. The planning on the new build next door has only mention in one condition re removing rear brick built sun room to allow more amenity space for existing's rear garden, and this must be done prior to any occupancy of new build. Meanwhile I have tenants in existing who want stay however the new build is ahead of schedule and family homes going up in value in Kingston upon Thames due to short supply (always) and in particular now esp as rates low for mortgagees. So possible early sale of new sooner than anticapated. So in meantime have applied to have condition varied to allow a time period to demolish which has a six month window after new occupancy. Applied under 25/26 form (Kingston Council) but not sure if they will be able to monitor such a situation. Perhaps I should have applied to not knock it down at all!
    RE the Permitted Development Rights, Architect mentions PD amendments 2008 split the allowances into two types. The first relates to extensions of either single or two storeys. THese are limited by depth and height from the original walls, to a maximum half the area of the garden and with two storey extensions distance to the rear boundary.
    The second relates to extensions works to the loft. In this case these are limited by volume and a certain number of other criteria. If you want me to list these can do later. Trying to pack to go to Barcelona tomorrow morning and ordering three bathroom suites for builders!!! Just to mention one though, that side facing windows to be obscure glazed and fixed shut to a height 1.7m above the floor. We have designed this in to dormer extension.
    Cheerio
    Jane
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    Jane Skynner
    janeskynner.com
    @janeskynner
    Sorry, bit late on this one, but wanted to let you (or anyone else with similar queries) know that there is a company called Betternest who are launching very soon who outline exactly what you can do under your permitted development rights - they're working in partnership with the government to ease planning enquiries, and will go as far as to give you a 3D online model of your property with relevant extensions shown, value before and after each option, and even right the appropriate letters to councils etc for you. Check out some pre-launch samples of what we're talking about here: https://www.betternest.co.uk/preB/SMR_Product-Range.html - all sounded good to us.
    Regards,
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    This interactive diagram probably best answers the questions on straight forward planning issues
    https://www.planningportal.gov.uk/uploads...guide.html
    Be careful that you can acheive the necessary buidling regs 2m head height for the top of the stairs if you are doing a loft conversion as part of the installation of the dormers
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