-
Thanks @Prole for the detailed reply. @JonoMarshall's point above ^^ is why i'm nervous. I'd argue that there is still room for interpretation in the wording of restriction too, for example:they could argue that as the roof lights at the rear would be visible from a public footpath at the rear they fall foul of the "open space" ruling.
Also, as mentioned, precedence can be powerful but it can also work against you. permission for rooflights on the front have been declined precisely because too many properties in the street have already got them. I'm worried that by needlessly registering that we're putting them on the rear slope will cause them to visit site, realize that loads of other houses on the street already installed them under the assumption that they fall outside of the Article 4 restriction and decide to stop further installations by updating the restriction. After all the overall intention of the conservation area status is to conserve the existing character of the area. If they get wind of the fact that everyone's merrily changing the rear of their property with impunity, they may choose to tighten up.
Anyway, I still think getting it cleared before we complete is the lower risk strategy. I'm applying for a certificate of legal development for a proposed scheme (which is different from a pre-planning application) am 90% through the process. Should submit this week.
I beg to differ. It seems like certain PD rights have been restricted, such as to the front of the property (i.e. facing the CA) and others such as the right to build a roof extension below the main ridge line of the roof. As I mentioned above, as long as the proposals comply with the wording of the GPDO then there is very little open to interpretation. The fact that others have carried out similar work either suggests that either the rooflights fall under PD rights, or precedent has been established by means of planning consent being granted. Precedent is a strong material consideration when determining a planning application.