Permitted development

Joined
13 Aug 2022
Messages
4
Reaction score
0
Country
United Kingdom
Hi,

Seeking input on need for lawful development cert, planning consent or neither.

Situation: I live in a 2 story semi detached house built in 2018. the house in not in aonb, conservation area, nor is it listed. the top floor (which is partially in the eaves) has a small landing, two bedrooms, a bathroom and a storage cupboard. the two rear-facing bedrooms have two dormer windows. the bathroom and storage cupboard are front facing - with no external windows. there is an (unused) loft space above the top floor. there have been no external changes to the property since it was originally constructed.

what i want to do: i plan to remove the internal (non-structural) partition walls that separate the storage cupboard from the landing - creating a larger landing that i can place a desk on. i also wish to fit a 1m x 1m velux window into the (highway-facing) pitched roof - bringing light to the enlarged landing area. i have read the permitted development technical guide, as well as consulted the online planning portal. based upon my interpretation, i believe what i want to do is covered under permitted developments section c ("other alternations to the roof") and therefore does not require planning consent from my local authority; whilst there are stipulations around maximum protrusion from the existing roof plane and the need to use opaque glass if the window is on side facing, neither of these are relevant in my case. nor is the stipulation about going above the existing ridge line. the questions i have:

1. is there a minimum distance away from the wall/roof i share with my neighbour?
2. is there a minimum distance that the window must be placed above the edge of the roof?
3. is there a maximum size/dimension that the window must not exceed?
4. are there any "gotchas" in section b ("additions to the roof") that create conflict with section c? i note language that suggesting adding internal volume in "roof space" (>50Cu/M) falls outside of permitted developments. does removing the existing partition wall (thus creating a larger landing area) count as adding internal volume? i don't think so because technically my 2nd floor isn't loft space?

in summary, i am in a quandary as to whether to proactively apply for lawful development status, or just do that retrospectively. ordinarily i'd just do the latter, but i have builders onsite (completing a completely unrelated project) hence it would be most cost effective to get this done now.

input/comments appreciate.

n.b. i know that building regs/compliance will apply!

thanks in advance.
 
thanks for the response. Restrictions on alterations expire after 5y - so I’m within my rights.
 
You also might want to check the planning permission for the build- as well as any stipulations on the deeds you may find that PD rights were removed as a precondition of that pp. Easy enough to do online.....
 
Checking original pp for the development was a great shout:

Notwithstanding the provisions of the Town & Country Planning General Permitted Development
Order 2015 (or any Order revoking or re-enacting that Order) no development falling within Part 1
Classes A, B, C, D, E and F of Schedule 2 to the said Order shall be carried out within the curtilage
of any dwellinghouse, unless planning permission is first granted by the Local Planning Authority.
Reason: To safeguard the character and amenities of the premises and adjoining properties and to
comply with Policy DM2 of the Elmbridge Development Management Plan 2015

I believe I have my answer - planning permission will be needed?
 
"Restrictions on alterations expire after 5y - so I’m within my rights." Eh?
 
There were certain 5y long restrictive covenants in the deeds that prevented any alterations (eg to soft planting/landscaping)
 
Back
Top