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Ian Walmsley

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Everything posted by Ian Walmsley

  1. I would probably go with the change of use to equestrian first. Then maybe a period later try for full planning for part residential. You might not get the residential then and might need to appeal. But it is always never going to be easy. Not sure if you would be able to get residential on the barn via PD as even if expanded to equestrian the use as part residential might have rulled the building out.
  2. Hi, It would usually be the main elevation with the principle features. So bay windows, front door etc. If the door is to the side, yet the main windows are to another elevation then the one with the windows is likely to be the principal elevation. I am going to try and write an article reflecting this with various options. If you want more detailed advice you are welcome to contact us.
  3. No changes yet. Once they are, I will publish them. No idea when that might be.
  4. Hi, The nursery will be Use Class E. The flat above could be Use Class C3 if it is a separate planning unit. Alternatively it could be ancillary to the main operation and therefore falling under the same Use Class. Without a bit of investigation, it is hard to say. Class MA can potentially be used to convert to residential, but note that an assessment will be required for any registered nursery that might be lost. If you need any further assistance with this opportunity or with an application please let us know
  5. @Martyn Green bit hard to answer without seeing the application - but it might be harder to revert to 11pm if you have already agreed to 10pm. Sometimes we find that a temporary permission is better than nothing. I would however try and get this period extended, pointing out that you would need to reapply in just 6 months time to have this extended for good, to allow for time to process the application. Therefore might ask for 2 or 3 years etc. I would also get the licence looked as they might have their own objections.
  6. I assume that this is full planning? And that Class MA is blocked via an Article 4. Double check that the Article 4 is still in effect for your address as the Secretary of State altered several within London Boroughs reducing their impact. You can have multiple applications at any one time. Each should be looked at individually. Therefore I see no harm.
  7. Do you have Class E rights? You might find it easier to simply have an outbuilding - unless there is a reason why you want a caravan? If the caravan was in the front garden or elsewhere then providing it was exempt under the Caravan Act 1960 you ought to be fine.
  8. @John Corey I would engage a right to light surveyor to work on the other side as well. This way you can be sure that it is fair.
  9. Hi, This isn't as straightforward as it might at first seem. A shop (and post office) are Use Class E. Normally I would advise using Class MA to convert to residential under a 56 day prior approval. However this would give you a new separate dwelling and need to meet minimum space standards and natural light to all habitable rooms. As you wish to undertake conversion of it to C3 to merge with the existing home, this would need full planning. I would most certainly appeal as property has clearly been closed for a period of time. You have nothing to lose. This might be where a planning consultant would be useful as the case can be argued with the local authority with evidence as required. In case you do need to resubmit, put together evidence of when it was closed and if possible details as to how the previous business was struggling etc. Not sure if it closed before you purchased or if you purchased as a going concern and then decided to close the store. Please contact us if you would like our assistance with an appeal and/or a new application.
  10. @Rachel Jones thanks for the message. Actually I think you ought to be able to use Class G of Part 3 to create the flat above. This allows for one or two flats above Use Class E. As long as you meet minimum space standards of 37 sq m (1 bed, 1 person) and can have natural light to the bedroom and lounge area you should be okay. If you need any assistance with this 56 day prior approval, please request a fee proposal from us.
  11. @Alice Prin as a general rule you should be fine. Each permitted development right operates individually. Demolition in part 6 does not cover parts of a building as this would normally be considered alteration. Therefore I would say that Class G allows for removal as this would be an alteration. There have also been various appeals that have confirmed the same. As a result unless Class G has been removed either via an Article 4 or a previous planning decision you should be good to go.
  12. Hard to be sure without knowing the site, but if you have removed the static part you might be okay. If you have complied with the enforcement, then they will not take any further action unless they inform you first. Providing you replied to the original email. More on enforcement at this link.
  13. Solar Panels are covered under Class A of Part 14. However you would not be able to install these during the build as any of permitted development rights do not exist until the property is substantially complete.
  14. In an Article 4 area that blocks Class L rights to go from C3 to C4 it will require a full planning application. Parking will be a consideration as will amenity space, bike and bin stores etc. However the more important check is where other HMOs are locally - so it will be far harder if there is an HMO next door as opposed to 5 streets away. Larger Sui Generis HMOs will require planning permission irrespective of any Article 4. Please contact us if you need further assistance or complete our fee proposal form if you would like a price for planning.
  15. Hi, This should be covered under Use Class E, whereas fish and chip shops, pizza shops, (fried) chicken shops, Chinese, Indian takeaways, Kebab shops etc would be Sui Generis as Hot Food Takeaway. Therefore no planning or change of use would be required.
  16. Hi, Apart from generic permitted development rights for say fences, a scout hut doesn't have any. BTW - this is likely to be Use Class F2 and not sui generis as a local meeting hall Is this for a conversion, extension etc? What are you looking to do? I suspect that you will require planning permission.
  17. When you say 'the planner' do you mean the local authority? It is never wise to ask them for advice. I am aware of several that have been converted to HMOs from a Class G conversion. The problem is that, I feel that it is being read incorrectly. I will aim to reply further tomorrow. Apologies.
  18. I would agree with not contacting the local authority unless you have to! What you will not be able to do is to construct outside of the barn envelope. Did you obtain separate planning for the solar panels?
  19. We have received the form that you filled in. It is with one of our consultants and they will be in touch shortly. We will have a look at the best option for you once we have investigated the site etc.
  20. I always recommend a decent pre-app. Far better to tell the planning officer what you want and why you should get planning rather than asking him/her to create a scheme for you. If you need any further assistance with this please let us know.
  21. Any £96 fee is now £120 You do not need to apply for the permitted development rights. You can just go ahead as long as you are compliant with Part 1 for dwellings. However if you wanted a certificate of lawfulness, that is now £258 to confirm that something that was erected or changed was compliant. If it is a proposed use or development that is £129 See https://www.planninggeek.co.uk/planning/fees/
  22. Did you apply for the entire building? Class MA only applies to Use Class E. Therefore you need to apply for the recording studio. If you need any further assistance with this, please contact us. We have planning consultants who can assist.
  23. Yes, you are going to require planning permission for this. Please contact us if you would like any assistance with this application.
  24. If the barn hasn't been used solely for agriculture that might disqualify the barn. Without knowing the setting it is hard to say, whether the wind turbine would affect the dwelling. Personally I would not have withdrawn and allowed the process to establish the facts. If you would like any assistance, please let us know via this form.
  25. The government has today released the latest National Planning Policy Framework. You can download a copy from here. I will write up my thoughts in due course. Others are welcome to post their initial thoughts.
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