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  • Right I have a question about obtaining a certificate of legal development in a conservation area. Brace yrselves for the fun.

    The house we're buying is in a conservation area and there is a restriction on normal permitted development. The guidance I found on line is the same that was sent to me by the local council planning department when I contacted them and states that loft extensions (dormers) are not permitted in any instances and that roof light windows require planning permission "where they face a highway, waterway or open space". Which I take to mean that planning permission is not required. This is however only implied and I nervy about buying a house which requires this work to fit for our purposes with an assumption regarding the planning situation.

    The loft conversion I need to make the the place suitable would work with velux windows at the rear only. I have spoken to various people and have an email from one person in the council planning dept saying this "Should be fine... but that is not official advice and that I should apply for a certificate of legal development"

    My worry is that the application is essentially a mini planning permission application and will prompt a site visit. Given that every planning permission request on record for work on the street has been rejected i'm wondering if to apply for what may be needless document would be to tempt fate?

    One of those rejections did mention when rejecting windows on the front that roof lights would be allowed at the rear... but this was in 2010 and several other houses have had this work done since. Far from setting a precedent, I'm worried that the proliferation of similar work on the street coupled with giving them the opportunity to reject will combine to make them tighten up restrictions on us.

    If this happens after we buy we're fucked and will be stuck with an overpriced under-developed two-bedroom house.

    What do sensible heads think?

  • The house we're buying is in a conservation area and there is a restriction on normal permitted development. The guidance I found on line is the same that was sent to me by the local council planning department when I contacted them and states that loft extensions (dormers) are not permitted in any instances and that roof light windows require planning permission "where they face a highway, waterway or open space".

    It sounds like there is an Article 4 directive in place in the conservation area? This isn't uncommon, and they are normally enacted to restrict permitted development rights that may have a negative impact on the character of the CA.

    Which I take to mean that planning permission is not required. This is however only implied and I nervy about buying a house which requires this work to fit for our purposes with an assumption regarding the planning situation.

    Correct, it would suggest that rooflights are still allowed under your permitted development rights (although obviously I haven't read the directive so hard to say 100%).

    The loft conversion I need to make the the place suitable would work with velux windows at the rear only. I have spoken to various people and have an email from one person in the council planning dept saying this "Should be fine... but that is not official advice and that I should apply for a certificate of legal development"

    If you're nervous about the wording you should be able to make submit a pre-planning application to establish whether the rooflights would be allowed under PD. Pre-app's usually only take 21 days (although there is no statutory timeframe by which the council has to reply), and you will get an outline opinion in the councils response that is worth a lot more than a phone call as permitted development rights are not subjective like planning policies can sometimes be.

    My worry is that the application is essentially a mini planning permission application and will prompt a site visit. Given that every planning permission request on record for work on the street has been rejected i'm wondering if to apply for what may be needless document would be to tempt fate?

    One of those rejections did mention when rejecting windows on the front that roof lights would be allowed at the rear... but this was in 2010 and several other houses have had this work done since. Far from setting a precedent, I'm worried that the proliferation of similar work on the street coupled with giving them the opportunity to reject will combine to make them tighten up restrictions on us.

    Only if they alter the article 4 directive. I'm not sure whether councils have to consult over changes to them, but if so you might be able to see any changes coming down the line.

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