Building rear extension beyond permitted development

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    Building rear extension beyond permitted development

    I live in a mid terraced house and planning to do rear extension beyond 3 metres (permitted development) due to large family residing in the house.

    According to council guideline rear extension of more than 3 metres is not permitted development for mid terraced house and is unlikely to be granted.

    Is there any exemption to this rules or does council allow rear extension beyond permitted development under certain exceptional circumstances? If they accept my application then will it affect loft conversion within permitted development if needed in future?

    If they refuse my application, can I make an appeal and if I do what is the chance of success?

    Any suggestions in this regards will be highly appreciated

    #2
    You'll need to apply for full Planning Consent rather than a certificate of Lawful Development. The constrants on any extension will be determined by the size and layout of the building plot and adjoining plots.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

    Comment


      #3
      If your neighbours complains, you may be forced to tear it down....

      Comment


        #4
        Once you go beyond the PD limits you will need planning permission and whether or not you get it will depend on the planning policies of the particular council, which will vary from area to area. It isn't really possible for anyone to give generic advice on this sort of thing. You would need to talk to a planning consultant who knows your area.
        RICHARD WEBSTER

        As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

        Comment


          #5
          Rear Extension

          Originally posted by Flashback1966 View Post
          If your neighbours complains, you may be forced to tear it down....
          Can my neighbour force me to tear it down if though I manage to get full planning permission? Does council speak to neighbour before they grant planning permission or do I have speak to them individually?

          Any further advice will be very helpful

          Comment


            #6
            If the extension is close to the boundary you will have to consult the neighbour under the Party Walls legislation. This doesn't necessarily prevent you building but does mean that you have to take steps to secure the structural integrity of his property.

            If the neighbour has acquired rights of light and your extension blocks his light or he has the benefit of covenants in the title that prevent further building then he may be able to stop you building
            RICHARD WEBSTER

            As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

            Comment


              #7
              Are you looking to do the planning permission yourself?

              As an owner, you can ring your local planning authority and ask for a meeting to have a pre planning application discussion. While they are not bound by any conversation, they can perhaps steer you in the direction of what they look favorably on.

              OR

              A Local Architect of Architectural Technician should come free of charge to go over your project. They should in that first meeting be able to advise on the likelihood of your planning permission being granted and also offer advise on what party wall agreements you may need.

              As they will know the area and local authority they should be able to give you a decent heads up to what is practical.

              They should then be able to offer you a FIXED fee for the first submission. Unfortunately, if they think ti will be hard or tricky, any further submissions will need to be priced accordingly.

              They might also be able to offer a design that suits your end needs without having to go out as far as you feel you currently do.

              My first question is - has president been set along your terrace or any in the immediate area? If yes, then you have a strong case. If no, then it can make it harder.

              This is not something to answer easily without knowing/seeing the property/surrounding area.


              Good luck
              Q

              Comment


                #8
                Rear Extension

                Originally posted by Richard Webster View Post
                If the extension is close to the boundary you will have to consult the neighbour under the Party Walls legislation. This doesn't necessarily prevent you building but does mean that you have to take steps to secure the structural integrity of his property.

                If the neighbour has acquired rights of light and your extension blocks his light or he has the benefit of covenants in the title that prevent further building then he may be able to stop you building

                I need further clarification from Richard Webster. You mention extension close to boundary line require consulation with neighbours under party wall legislation and steps needed to ensure secure structural integrity of their property.

                Q1. How close to the fence (in feet) can I build my extension before requiring their consent?

                Q2. What steps do I have to take to prevent structural damage to their property? Can my architect advice me on both these issues?

                Q3. In regards to restrictive covenants I refer to my title deeds which says " No houses shall be erected for occupation by more than one family or occupation as residential flats. In case of houses erected for occupatiion by one famiily only one of such shall be erected on each lot at the cost of not less than £350 for labour and material only on plots of 20 feet and upwards and £300 on plots seventeen feet to twenty feet. No purchaser shall exacavate or remove any gravel sand clay or earth except as may be excavated or removed for the purpose of erecting some building or buildings."

                Q4. If I manage to get planning permission to build extension beyond permitted development, can my neighbour or new owner cause problem?

                Comment


                  #9
                  Q1. How close to the fence (in feet) can I build my extension before requiring their consent?

                  Q2. What steps do I have to take to prevent structural damage to their property? Can my architect advice me on both these issues?
                  If you have an architect he will advise you about all this.

                  Q3. In regards to restrictive covenants I refer to my title deeds which says " No houses shall be erected for occupation by more than one family or occupation as residential flats. In case of houses erected for occupatiion by one famiily only one of such shall be erected on each lot at the cost of not less than £350 for labour and material only on plots of 20 feet and upwards and £300 on plots seventeen feet to twenty feet. No purchaser shall exacavate or remove any gravel sand clay or earth except as may be excavated or removed for the purpose of erecting some building or buildings."

                  Q4. If I manage to get planning permission to build extension beyond permitted development, can my neighbour or new owner cause problem?
                  If that is the only covenant that applies then that won't affect you.

                  The point about light remains - will the extension reduce the light coming into the neighbour's windows?
                  RICHARD WEBSTER

                  As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

                  Comment


                    #10
                    Originally posted by Rohit15 View Post

                    Q1. How close to the fence (in feet) can I build my extension before requiring their consent?
                    Typically it is a planning requirement to be 1m away from boundaries.
                    The consensus in this office is, you should always discuss your intentions with your neighbour(s) out of politeness and ease of application.
                    You will need to put up Neighbor Notification (as it is known in Scotland)

                    Originally posted by Rohit15 View Post
                    Q2. What steps do I have to take to prevent structural damage to their property? Can my architect advice me on both these issues?
                    The architect can advise and either instruct a structural engineer on your behalf or you can choose your own. This will be needed more at the Building Regulation stage not planning. At that latter stage, you will need to also submit a set of structural calculations.

                    Originally posted by Rohit15 View Post
                    Q3. In regards to restrictive covenants I refer to my title deeds which says " No houses shall be erected for occupation by more than one family or occupation as residential flats. In case of houses erected for occupatiion by one famiily only one of such shall be erected on each lot at the cost of not less than £350 for labour and material only on plots of 20 feet and upwards and £300 on plots seventeen feet to twenty feet. No purchaser shall exacavate or remove any gravel sand clay or earth except as may be excavated or removed for the purpose of erecting some building or buildings."
                    Those are very old terms that might have passed. Is there in indication on how long these are in place for?

                    I am sorry, I do not fully understand what you question is on this, or are you looking for a better understanding of the text?

                    Originally posted by Rohit15 View Post
                    Q4. If I manage to get planning permission to build extension beyond permitted development, can my neighbour or new owner cause problem?
                    Yes, they can. They can view the application at your local planning office (or online nower days) and lodge an objection. They have a set period of time in which they need to do this. It must be in writing and it must be valid.

                    This is often why it is important to discuss with neighbour(s) what you are hoping to do.

                    If president has been set along any of your immediate or surrounding streets and you are looking to do the same or very similar, then an objection would be hard to enforce. It woudl only really be if rights of light are effected or if you are looking to erect a huge yellow box. Typical notes on drawings are going to be, to match existing etc.

                    I know it was not I that you were looking to answer this.
                    Hope I might have helped and Richard can further help were required.

                    Good luck
                    Q

                    Comment


                      #11
                      Originally posted by Rohit15 View Post
                      Q1. How close to the fence (in feet) can I build my extension before requiring their consent?
                      The Party Wall etc Act 1996 only applies to England and Wales.

                      You have the right to raise a wall wholely on your land - ie the outer face is in line with the boundary - and have the footings projecting onto the neighbouring land. This does not require the consent from the neighbour but the footings must be 'simple' such as mass filled concrete strip foundations.

                      You also have the right to raise a new Party Wall astride the boundary but you do require the neighbours consent to do this.

                      The other factor that needs to be considered [regarding the PWA] is the depth of the new footings, depth of neighbours footings and the distance between them.

                      Originally posted by Rohit15 View Post
                      Q2. What steps do I have to take to prevent structural damage to their property? Can my architect advice me on both these issues?
                      Inreality (with what you've described) you'll need to do very little to safe guard the neighbour's property.

                      I would expect an Architect working on these types of project in England and Wales to be fully aware of the PWA and should be able to advise you as to what, if any, responsibilities you have.

                      Originally posted by Rohit15 View Post
                      Q4. If I manage to get planning permission to build extension beyond permitted development, can my neighbour or new owner cause problem?
                      That's to vague a question to answer consicely. It entirely depends on the character type of the neighbour.

                      A few final notes, be aware that the Local Authority have nothing to do with the process or procedures of the PWA. It is entirely your responsibility.

                      Secondly, you'll also need to comply with the Building Regulations. These are completely different to the Planning Process.
                      There is always scope for misinterpretation.

                      If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                      Everyday is an opportunity to learn something new.

                      Comment


                        #12
                        A very good afternoon to QfanatiQ

                        Thank you very much for your valuable time in responding to my query relating to rear extension. I would like to clarify a few things with you which detailed below:

                        Q1. You mention that planning requirement to be 1m away from boundary. Do you mean that I have to leave at least 1metre from left hand side and 1metre from right hand side of fence?

                        Q2. You said that even if I get planning permission to build beyond permitted development my neighbour can still lodge a complaint. If that is the case, then what is the point of getting planning permission. You also mention about time set period and validity. Could you please tell me in little bit more details?

                        Q3. Finally you have said about If president has been set along any of your immediate or surrounding streets and you are looking to do the same or very similar, then an objection would be hard to enforce. I do not understand what you actually mean by that.

                        I would be much obliged if you could clarify these above points.

                        Many thanks

                        Comment


                          #13
                          You should pose those questions to your designer as answers may be effected by the proposals and the site.
                          There is always scope for misinterpretation.

                          If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                          Everyday is an opportunity to learn something new.

                          Comment


                            #14
                            You said that even if I get planning permission to build beyond permitted development my neighbour can still lodge a complaint. If that is the case, then what is the point of getting planning permission. You also mention about time set period and validity.
                            Planning permission is just what it says - it is only permission under planning law - you may need other kinds of permissions depending on the circumstances.

                            If there are covenants preventing building on the land then you would need consent under those covenants (nothing to do with planning) and if you infringe someone else's right to light then they can stop you building regardless of whether or not you have planning permission.
                            RICHARD WEBSTER

                            As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

                            Comment

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