Side extension AONB

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Side extension AONB

Postby layman » Sun Jul 02, 2017 4:54 pm

Hi All,

Non listed detached house in AONB rural location, maxed out with 40% PP and PD single storey rear extension. However 2 storey side extension is required, and we are trying to figure out best way of approaching council about this.
Our thinking is to apply for Certificate of Lawfulness to demolish and rebuild with a 10% increase in size ( as per PD rights ). Once gained make pp application to council to allow the 10% extra to take shape of 2 storey side extension ( without actually demolishing and rebuilding ).

Has anyone heard of this sort of plan to achieve permission?

Any comments and advice very welcome,

Regards,

Layman
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Re: Side extension AONB

Postby despair » Sun Jul 02, 2017 5:29 pm

you need direct help from pilman on this one he is only person who will know
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Re: Side extension AONB

Postby ukmicky » Mon Jul 03, 2017 11:29 pm

What would be the point of applying for a LDC, also have you checked to see if there are any area wide Article 4 directions altering your permitted development rights.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Side extension AONB

Postby layman » Tue Jul 04, 2017 9:22 am

despair wrote:you need direct help from pilman on this one he is only person who will know


ok, hope he sees this post
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Re: Side extension AONB

Postby layman » Tue Jul 04, 2017 9:41 am

ukmicky wrote:What would be the point of applying for a LDC, also have you checked to see if there are any area wide Article 4 directions altering your permitted development rights.


LDC ? Assume you mean the Cert of Lawfulness ? It's simply a means to demonstrate to the council in a pp application that the property could, according to PD rights, be enlarged to provide the side extension we want albeit involving high demolishment and rebuild costs. Hoping that if the council acknowledge this point they will allow the extension to be built in conventional way ( without demolishment ).

I suppose I could book one of the council informal chat sessions and ask the question outright...

No issues with Article 4 thankfully.
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Re: Side extension AONB

Postby arborlad » Tue Jul 04, 2017 9:47 am

layman wrote:
despair wrote:you need direct help from pilman on this one he is only person who will know


ok, hope he sees this post




Your chances of that happening are vastly increased if you continue one of your threads where that member has already replied........starting a new/multiple thread on the same subject matter decreases your chances.

Despair should not be naming individuals that will respond, she knows it - but continues to do it!
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smile...it confuses people
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Re: Side extension AONB

Postby pilman » Tue Jul 04, 2017 5:47 pm

After reading this post I must admit to be totally confused by the first posting.
Non listed detached house in AONB rural location, maxed out with 40% PP and PD single storey rear extension. However 2 storey side extension is required, and we are trying to figure out best way of approaching council about this.
Our thinking is to apply for Certificate of Lawfulness to demolish and rebuild with a 10% increase in size ( as per PD rights ). Once gained make pp application to council to allow the 10% extra to take shape of 2 storey side extension ( without actually demolishing and rebuilding ).
Does that mean the application for the LDC is based on an idea that there is permitted development rights to increase the size of a house once it has been demolished?
I realise that I retired from full time employment in 2012, but thought I was keeping abreast of the new GPDO that was introduced in 2015 when I began assisted some original clients with their planning problems.

I cannot see anything in the GPDO that would allow demolition and rebuilding of a house without a full grant of planning permission.

For a two storey side extension the only way to approach this is to make a full planning application.
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Re: Side extension AONB

Postby arborlad » Tue Jul 04, 2017 6:45 pm

arborlad

smile...it confuses people
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Re: Side extension AONB

Postby pilman » Tue Jul 04, 2017 9:20 pm

Just to be absolutely clear about why a planning application will need to be made the following quotes are from the Town and Country Planning (General Permitted Development) (England) Order 2015.
SCHEDULE 1 Article 2(3) to (5)
PART 1
Article 2(3) land
1. Land within—

(a) an area designated as a conservation area under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (designation of conservation areas);
(b) an area of outstanding natural beauty;
(c) an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 (enhancement and protection of the natural beauty and amenity of the countryside)(a);
(d) the Broads;
(e) a National Park; and
(f) a World Heritage Site.
Item (b) confirms that a house located in an area of outstanding beauty is in Article 2(3) land.
In Schedule 2 the heading is "Permitted Development Rights".
Part 1 is "Development within the curtilage of the dwelling house"
Part 1 Class A allows "Enlargement, improvement and other alteration of a dwellinghouse"
Subsections A1 (a) to (k) list what is not permitted.
Section A2 (b) is relevant to this posting.
A.2 In the case of a dwellinghouse on article 2(3) land, development is not permitted by Class A
if—

(a) it would consist of or include the cladding of any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles;
(b) the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse; or
(c) the enlarged part of the dwellinghouse would have more than a single storey and extend beyond the rear wall of the original dwellinghouse.
Can that be any clearer?

A full planning application will need to be made when the proposal is to erect a two storey extension alongside an existing dwellinghouse located in a designated AONB.

After reading the other threads referred to, it seems that this aspect of planning law was explained to layman by a planning officer in 2014.
Even after the changes made to the GPDO in 2015, that advice is still totally relevant.
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