Advice on Permitted Development Rights

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    Advice on Permitted Development Rights

    3 months ago my husband and I brought a semi detached bungalow built around 1965, our idea was to renovate the whole property as it's not really been touched since it was built.

    Our main aim was to convert the loft with a dormer extension, render the outside, change windows and move a few rooms around to give us a bigger kitchen and bathroom, on advice from our Architect he said we could do all works under PD apart from render and windows which would need full planning. So we went along with him but on the application he made to council he included our plans for the loft dormer conversion....big mistake! 3 out of the 5 neighbours who were consulted have objected big time, they are so upset it's unreal, you'd think we were planing to add a drive through restaurant to the street or worse.

    After various discussions with Architect he told us not to worry loft can be done under PD as it falls under all the correct requirements for space and cubic meterage etc..but the neighbours then got the local councillor for the ward involved and our application was 'called in'. To cut a very long story short we managed to take the dormer part off the application as planning officer said in all likely hood it would be refused. So what I would like advice on is can I still go ahead and build my dormer just under PD rights with a Building Notice? Application for render and windows has been approved.

    Our structural engineer has designed a scheme so that we do not have to touch 3rd party wall as our neighbours will not agree to the 3rd party wall agreement so would rather spend money on steel work than surveyors and solicitors.

    Am feeling very nervous as work is due to start next week once Building Notice has gone through just want to know that we are within our rights.

    Any advice gratefully received, thank you

    Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 as amended confirms what alterations to a roof are acceptable.

    The dormers cannot face towards the road when these dormers are on the principal elevation.

    Other than that the cubic measurements are also to be complied with.

    This is what Class B states.
    Class B
    Permitted development

    B. The enlargement of a dwellinghouse consisting of an addition or alteration to its roof.
    Development not permitted

    B.1. Development is not permitted by Class B if—

    (a)any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof;

    (b)any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway;

    (c)the cubic content of the resulting roof space would exceed the cubic content of the original roof space by more than—

    (i)40 cubic metres in the case of a terrace house, or

    (ii)50 cubic metres in any other case;

    (d)it would consist of or include—

    (i)the construction or provision of a veranda, balcony or raised platform, or

    (ii)the installation, alteration or replacement of a chimney, flue or soil and vent pipe; or

    (e)the dwellinghouse is on article 1(5) land.


    B.2. Development is permitted by Class B subject to the following conditions—

    (a)the materials used in any exterior work shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;

    (b)other than in the case of a hip-to-gable enlargement, the edge of the enlargement closest to the eaves of the original roof shall, so far as practicable, be not less than 20 centimetres from the eaves of the original roof; and

    (c)any window inserted on a wall or roof slope forming a side elevation of the dwellinghouse shall be—

    (i)obscure-glazed, and

    (ii)non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.


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