Ian Walmsley

This hasn't been consulted on. Therefore I do not think it will happen. Sorry!

It does sound like a breach of the condition. They could submit a S73 to remove that condition. This would create a new planning permission without the condition. The original one would remain. However, it is possible to give permission for the new dwelling if the local authority had not checked previous planning correctly. If this is a current application, anyone objecting might wish to alert the planning officer via email of the issue. As to reasons for objecting online, one would detail all the issues affecting neighbours. Examples of VALID Planning Grounds Contrary to Development Plan (Structure Plan or Local Plan) Appearance (design, materials etc) Traffic, parking or access problems Residential amenity (noise, overshadowing, overlooking) Drainage problems Effect on setting of Listed Building or character of Conservation Area Examples of INVALID Planning Grounds Devaluation of property Loss of view Possibility of future problems (eg use of property) Hours of Work and damage during construction Business issues relating to the applicant Possible fire hazard Contended legal rights e.g. ownership Errors of notification

You will need a change of use to residential. If you do not obtain this, then you might be subject to enforcement. Some areas will have zones within the local plan that keep certain areas such as sea fronts as non-residential.

An HMO is a dwellinghouse. Velux windows front and rear are allowed under Class C of the GPDO. The Article 4 blocks the ability to go from C3 to C4 and doesn't affect anything internal. Creating an extra room is internal and not development. You will however need to meet building regs

Thanks for the question. Unfortunately you cannot install solar panels on a listed building or within the curtilage of that building. You would need full planning. If you would like assistance with any application, please complete the form here.

It is likely to be either part of the curtilage, garden land or agricultural land. A bit more information on these can be found on this page. However in order to really be able to advise one would need to check the site out. You might need a change of use to say garden land, unless you have proof for the last 10 years that it has been used as part of the garden. If you can prove it, then you can apply for a certificate of lawfulness. We can assist you with that. If you would like any further assistance, please contact us.

I think you have summed it up well. I am quite sure however it will still happen, and Local Authorities will simply tell them that they will need to register etc. Either that, or you hold a small scale festival under Class B!

In theory it should be very easy. There will be a PD right to go from C3 to C5 and vice versa. However we might see it not possible to go to C3 unless you have previously been C3. But I am guessing until I see the legislation. I do not know when it might happen either. Rest assured I will post about it when I do.

There isn't any limit as such. You might have read about building control. Even if there was a limit, which doesn't exist, you are well beyond enforcement. You can safely ignore any issues. For outbuildings, please see this page Should there be any issues, you can apply for a certificate of lawfulness. Please see this form if you need any help with that.

Whilst you could have it there for 28 days without planning over the course of a year, this would not be viable. Therefore full planning permission would be required. Hard to say whether you would get planning. Local authorities are loathe to allow structures in random fields without some relevance to the land. We can assist you with that planning if required.

Great question! My view is that if planning is not extant, then those conditions that require to be dealt with before a material start must be completed prior to it being extant. If this was a certificate of lawfulness confirming that the planning was extant, then that is probably a different matter. I am not aware of any case law to support this theory however. If others know of any they are welcome to jump in. I appreciate that this is not the reply you desired. More details on a site being extant can be found here.

You would need a solicitor to submit the changes in plans to land registry. However please be aware that such action might cause an issue with anyone who has an interest in the property such as lenders if their interest is devalued.

If this is a separate piece of land then you may be okay. Please note however that all items must be removed from the land between each use. I am not aware of any definition as to the extent of each parcel of land. Class B is silent on this. Note that local authorities might consider it as being once per planning unit - if that is the case then this might be assessed to being once within say a farm or land that is owned / controlled by the same person or body.

This is covered under Class A of Part 6. I am not aware of a time limit for this.

You could get a highways engineer involved. I would however be more concerned about other policy changes. If you would like us to either assist you with a report on the likelihood for planning or help with submitting an application, please complete our form here.

Essentially space standards apply to all applicable permitted development rights, as it is built into the GPDO. However it is not in every local plan. Even if it is in a local plan it is possible for the local authority to approve something that doesn't fully comply. The standard requires that: the dwelling provides at least the gross internal floor area and built-in storage area set out in the table below; a dwelling with two or more bedspaces has at least one double (or twin) bedroom; in order to provide one bedspace, a single bedroom has a floor area of at least 7.5m² and is at least 2.15m wide; in order to provide two bedspaces, a double (or twin bedroom) has a floor area of at least 11.5m²; one double (or twin bedroom) is at least 2.75m wide and every other double (or twin) bedroom is at least 2.55m wide; any area with a headroom of less than 1.5m is not counted within the Gross Internal Area unless used solely for storage (if the area under the stairs is to be used for storage, assume a general floor area of 1m² within the Gross Internal Area); any other area that is used solely for storage and has a headroom of 900 – 1500mm (such as under eaves) is counted at 50% of its floor area, and any area lower than 900mm is not counted at all; a built-in wardrobe counts towards the Gross Internal Area and bedroom floor area requirements, but should not reduce the effective width of the room below the minimum widths set out above. The built-in area in excess of 0.72m² in a double bedroom and 0.36m² in a single bedroom counts towards the built-in storage requirement; the minimum floor to ceiling height is 2.3m for at least 75% of the Gross Internal Area.

Personally I can't see how a roof being added would prevent it being a caravan under the caravan act. However they appear to have decided the Certificate of lawfulness under Class E for outbuildings. Which it would fail under if it is too high. I am wondering if the application was wrong in the first place. Without knowing the application it is hard to say for sure or what is the best route to go down. I do not want to mislead you without knowing all the facts. You might want to book a Zoom session with me or you are welcome to fill in our contact us form attaching details of the application.

Any new dwelling is liable when creating new floor space. So a house in the garden for example is liable. This is for all the floorspace of the new dwelling. You would get an allowance against any demolished property - but I do not believe you are demolishing here. From the original message above, all the new house would be liable for CIL.

Hi, The advise you got was wrong - you might have a claim against their PI insurance if you have issues that cost you money. it goes beyond poor advice IMHO - makes me angry! Anyway, first of all I would check to see if it complies with Class A of Part 1 for rear extensions. if it does you might be able to relax. If it doesn't then you need to take further steps to regularise the extension. As I do not know any details, it might be better to book a session via Zoom with me - that way I can look at the planning and give you the correct advise. if we need to submit a planning application for you, then we will deduct the price of the Zoom session - I do not like people paying twice.

Hi, Building a new dwelling will be subject to CIL as you are also increasing square meterage. You would need to complete the build in accordance with the approved plans. Whilst time is not defined, I would certainly keep evidence to say that you did comply with the planning, before then making changes.

Hi, Yes you can. Each extension is unique in itself. If the full planning had any conditions attached, these would not take effect until you build the extension in the planning. Even if this removed other PD rights. You might also be able to build a single storey side extension as well under PD. In other words the planning doesn't remove any PD rights unless an earlier decision notice did or an Article 4 or may you are in a conservation area etc. Just make a note of the dates in the decision notice, as it will more than likely have a start by date. You must make the planning extant by this date in order to keep the planning live. If you need any help with a certificate of lawfulness, please contact us.

As nobody is residing there, I don't see a massive impact from the flood zone. You will need a flood risk assessment to support your application. You could of course have a garage to the side or rear of the house and this would (I assume) still be in the flood zone. That would be under permitted development. As a result the only difference is that it is forward of the principal elevation and so requires planning. If you need any further assistance with this application, please reach out to us via https://planninggeek.co.uk/quote

I have seen these in the early days of Class MA, but I believe that they were forced to amend them and remove a lot of the areas from the Article 4. Which local authority is this? Has it just been imposed?

It would require full planning permission. You are also likely to require a viability report as to the loss of a social club. BTW this is likely to be sui generis as opposed to F2. But either way the process will be the same. If you need any further assistance with this opportunity, please complete our fee proposal form and we will be pleased to assist. The flat is likely to be sui generis as well if ancillary to the main use.

Hi, Class B of part 4, excludes war games only if in a SSSI. War games involves paintball under paragraph F “war game” means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke bombs, or guns or grenades which fire or spray paint or are otherwise used to mark other participants), but excludes military activities or training exercises organised by or with the authority of the Secretary of State for Defence Therefore I can't see any reason why can't go ahead. Just be aware that ideally you should remove everything from the land between uses. Although this rarely happens with car boot sales etc. from experience. You are correct in saying that you don't need to notify the local authority.