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Hello,

I have a small business that requires customers to sit outside, I have taken on a small property which had a roof erected in the garden which was perfect. Since I moved in and signed the lease, I found out that the roof that was erected by the previous occupant did not request planning permission, the council (Hertsmere) have given me until the end of December to pull the structure down, I have also found out that it’s a listed building.
My question is, is there anything I can currently do to the wooden structure to modify it in some way to make it compliant so I don’t have to spend ££££’s to come up with another solution? Can anyone think of a solution that may not need planning permission from a council that would be affordable and a cover solution for my customers? For some reason I can not attach pictures or anything to this post. Maybe I should be looking for someone that might be able to assist me with something like this but I’m not sure to what type of person I should be looking for.
 
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What sort of "roof" are you talking about?
Can you post a picture please?
If it's a pergola, it doesn't need planning permission, unless it's over the height of 2.5m (if within 2 metres from boundary) or 3m (if over 2 metres from boundary).
Or covers more than 50% of your garden.
This is by memory, so I might be wrong.
 
What sort of "roof" are you talking about?
Can you post a picture please?
If it's a pergola, it doesn't need planning permission, unless it's over the height of 2.5m (if within 2 metres from boundary) or 3m (if over 2 metres from boundary).
Or covers more than 50% of your garden.
This is by memory, so I might be wrong.
Sorry, just realised it's a listed building.
All of the above doesn't apply.
 
Have you asked the planning department? They might be asking for it to be demolished simply because it was erected without planning permission/ listed building consent. If you make a planning application it might be approved? Or something more sympathetic to the listed building.
 
The lessee normally has first interest in the demised property and land and responsibility for issues like this tend to be transferred to them in the lease.
 
I’m not sure to what type of person I should be looking
I'd suggest a planning advisor.

Run of the mill plan drawers, architectural technicians and suchlike don't tend to know much about actual planning regulations or listed building work.

There may well be options for a carefully designed structure that is in keeping with the rest of the property.
 
Have you asked the planning department? They might be asking for it to be demolished simply because it was erected without planning permission/ listed building consent. If you make a planning application it might be approved? Or something more sympathetic to the listed building.
I tried doing that, but unfortunately it backfired. I was thinking of being a good citizen by informing them and submitting an application which then alerted them to the fact that there is a roof that has been erected and they subsequently denied application because of remarks from the Heritage department, because it’s a listed building.
 
I tried doing that, but unfortunately it backfired. I was thinking of being a good citizen by informing them and submitting an application which then alerted them to the fact that there is a roof that has been erected and they subsequently denied application because of remarks from the Heritage department, because it’s a listed building.
That is unfortunate. The conservation officers at the planning department can sometimes be a nightmare.
I would suggest that you speak to a local architectural designer with experience in dealing with listed building planning applications. How you present the drawings and write the heritage statement is crucial to success.
As the planners were not aware of it I assume it is not visible from public view and as no one else complained I assume it is not a monstrous carbuncle. I find with listed buildings it often helps to emphasise that the work is "reversible" ie. it can be removed without causing any permanent damage to the historic structure, assuming that applies here.
 
That is unfortunate. The conservation officers at the planning department can sometimes be a nightmare.
I would suggest that you speak to a local architectural designer with experience in dealing with listed building planning applications. How you present the drawings and write the heritage statement is crucial to success.
As the planners were not aware of it I assume it is not visible from public view and as no one else complained I assume it is not a monstrous carbuncle. I find with listed buildings it often helps to emphasise that the work is "reversible" ie. it can be removed without causing any permanent damage to the historic structure, assuming that applies here.
Excellent tip, thank you for that.
 

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