Building regs different to planning permission

[Doos81]

Good Afternoon, I am desperately hoping that someone can help us. Apologies if this isn't the correct place to post.

We are in the process of developing a cottage for ourselves and we are nearing the end of the development and have come across a problem. Our planning has been approved and details 2 lanterns over the kitchen at the back of the property. When we were doing building regs our architect advised that these could be increased in size (not massively). The building regs have been approved by the building control department detailing the larger lanterns. We are now at the point where the lanterns can go on but our neighbours have complained at the size of the openings. He lanterns can only be seen from one of their first floor windows. We have no other neighbours.

I have been advised that skylights/lanterns don't require planning and that the build needs to comply with building regs. We have emailed and called the planning officer 8 times and cant get a response. Any advice/experience you can give would be great we have to move back in in 4 weeks and have a small baby and I am not sure what to do next. These neighbours have been particularly difficult throughout and I want to make sure that they can't cause us problems down the line.

Thank you in advance.

 

[tony1851]

Are they lanterns that actually stand up above the roof surface, (ie are they on a flat roof) or are they the traditional Velux-type that sits only about 10cm above the surface of a tiled roof?

If it's the latter, they would not normally need planning permission.

Pity about the neighbours; imagine they've probably lived there years and don't like change.

 

[cjard]

We have emailed and called the planning officer 8 times and cant get a response.

On the upside your neighbours might also enjoy a similar lack of success

Any advice/experience you can give would be great we have to move back in in 4 weeks and have a small baby and I am not sure what to do next.

Crack on and build the thing, see what comes of your neighbours complaints. Best case, they spend time and money and get nowhere because your design either meets policy or the council have bigger fish to fry. Worst case you have to cover the lanterns so the external appearance is as per plan

These neighbours have been particularly difficult throughout and I want to make sure that they can't cause us problems down the line.

Thank you in advance.

They'll always cause you problems, I'm afraid. If this query goes nowhere, you could always have several concrete busts made of your smiling face, and mount them on your side of the boundary wall, smirking into the neighbours garden..

 

[noseall]

I personally would build the lanterns as per drawing. Why give your neighbours any ammunition to fight you with. Do you really want a dispute?

I think it would be foolish to not at least re-apply, knowing full well the animosity from next door.

 

[Doos81]

Thank you so much for the replies, it's great to get another perspective.

Noseall- it would be good to get your thoughts on which drawings- the planning drawings or the council approved building regs. Im worries that I'd we don't build to building regs we get hit with a fine, but also don't want to cause more hassle with neighbours- your thoughts would be great.
Cjard- I am looking into the price of busts as we speak, genius idea. There is nothing I want more than to just get the lanterns fitted so your advice is music to my ears.
Tony1851- the lanterns stand up approx 2.5ft, they are the pitched ones. Seeing as we have planning permission for the height on the smaller ones (same height) I wonder if the size of the opening matters?

Thanks all for your responses, we are actually going to go to the council office tomorrow in a last attempt to get an answer, I'll let you know how we get on.

 

[^woody^]

You can alter work from any approved building regs drawings as those just deal with the technicalities of construction, and things can be checked ad-hoc as work proceeds.

However you should not change from any approved planning drawing without permission. Whether these lanterns do or do not require permission on their own is irrelevant if they were included on any approved drawings.

It might be that the change is minor in terms of planning, and you can just go ahead, or the officer deems it a minor alteration and gives written notice to that effect, or it might require the scheme to be re-notified and more consideration given before deciding to approve it.

 

[tony1851]

Get me out of here! He's back!!!

 

[^woody^]

You are not a celebrity. You're staying

 

[tony1851]

 

[cjard]

It might be that the change is minor in terms of planning, and you can just go ahead, or the officer deems it a minor alteration and gives written notice to that effect, or it might require the scheme to be re-notified and more consideration given before deciding to approve it.

There are two kind of amendment..

Minor material amendment is used where there is a small change to a scheme and that change does relate to a planning policy. An example might be to increase the number of parking spaces from two to three

Non material amendment is used when there is a change to a scheme that does not relate to any implemented planning policies. It's the alteration equivalent of a certificate of lawful development in PD terms, that is to say it is a letter from the planning department confirming that the planning department are not interested in it at all. Its purpose, other than easy revenue generation, would probably largely be for the benefit of the householder if he had an asshole neighbour who complained about everything.,a one off statement from the council to head off any potential complaints


Doosb1, I hope you get your answer, or at the very least the officer advises that the change would be a no material amendment and you can just crack on.. You can then also pay the council to write you a letter to confirm if you feel it would give you more peace of mind, but don't let the arrival of such delay your build if the council have said they'll issue it

 

[^woody^]

Either way, any deviation from an approved planning permission needs the consent of the planning officer first - even if just to say that the deviation is not a material.

For building regs, deviation does not need prior approval as compliance is checked afterwards.