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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?
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Planning conditions can change over time and you're often at the mercy of your planning officer's interpretation. You don't have PD, so you're going to be in limbo until the work is complete and signed off. It doesn't really matter what the current wording is, or whether the advice is official (unless you plan on working on the loft in the immediate future).
You have to work out if you're ok with the risk, or if it's enough to turn you off the property. On the plus side you're not going to get bothered by any PD works from your neighbours...
What's your worst case scenario if you can't do the work? Moving again?
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My girlfriend lives with her mum who technically owns the house. For the past ten years or so my girlfriend has been paying the mortgage on an unofficial basis.
As the mortgage is coming to an end the mum wants to formalise that the house is owned jointly by the two of them. She thinks it will just be a matter of talking to the bank and they'll sort it out.
I suspect it will be a little more complicated involving lawyers and possibly requiring tax advice (house is worth about £800k). Any ideas on what the process is here? Cheers
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If no mortgage, do it as a gift to avoid stamp duty, buy insurance to cover inheritance tax if mum dies in the next 7 years.
If mortgage remains she will probably have to pay stamp duty on the portion of mortgage she assumes responsibility for, the rest can be gifted or willed. Again, consider insurance for the IHT charge.
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I leave this here without comment...
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So we are trying to buy an old farmhouse off our in-laws, had a building survey done today, told we are unlikely to get a standard mortgage (no surprise there!), have a structural engineer in next week, but looks like we are going to be going down the self-build\renovation mortgage approach, anyone ever done this?
Quite excited by the potential, although some of the cracks are interesting...
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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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Planning conditions can change over time and you're often at the mercy of your planning officer's interpretation. You don't have PD, so you're going to be in limbo until the work is complete and signed off. It doesn't really matter what the current wording is, or whether the advice is official (unless you plan on working on the loft in the immediate future).
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.
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You should be able to leave parts of it (like the lovely stone wall at the back) and build within the same footprint but I'd advise getting rid of that cracked concrete/mud/WTF wall and rebuilding any parts that are built from the same material because a) it's fucked and b) let's say something happens and you do need to sell - lots of buyers will be scared off.
What's the roof made of?
Anyway - sure there are lenders who will provide a mortgage secured on the value of the land alone if you provide plans.
Either way, you've got a project on your hands with amazing potential. Imagine what you can do in that garage. Good luck.
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Small 1 bed in Knightsbridge or small 1 bed in Edmonton?
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How's the clear out going @tenderloin?
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Hey Sam, how exciting!
Shout if you want to have a catch-up soon. I'm going down self-build mortgage route with ecology, but they've recently changed their lending conditions to be PH only (you used to just need enough green points).
Melton Building Society have just launched an interesting option (if you think you can get the farmhouse up to grade A or B with a complete envelope overhaul)? http://www.themelton.co.uk/self_build/melton-self-build-eco/
Or, if you're going down the pollyfiller route then the market leader (for a staged release mortgage) tends to be Buildstore: http://www.buildstore.co.uk/finance/
You'll need to work out how to stage the project properly and ensure you don't take on too much risk regarding the release of funding for each subsequent stage. Or you'll need backup funds in place for when the unpredictable happens...
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Good points, but precedent is also no guarantee of acceptance, the exact wording of the restriction is crucial: it's possible that rooflights at the rear are no longer permitted.
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Make sure you understand the bricks used underneath first. Hacking roughcast render off 100+yr old red rubbers might not turn out how you hope.