PD next door to a listed building

[X1lol]

Quick one - can't find anything on here.

We want to use our PD rights to extend. We do not have any article 4 restrictions and are NOT within the curtilage of a listed building but ARE next door to one.
Should this be a problem?
I saw somewhere we may need listed building consent - (because it might affect the setting of the listed building) or is this just in Scotland?
Thanks

 

[^woody^]

Try to remember where you saw that gem, and then never look there again.

 

[X1lol]

Actually it was the official document for Scotlands permitted development rights

https://beta.gov.scot/publications/...ted-development-rights/documents/00502132.pdf

Page 19 section 4.10 and then repeated throughout.

 

[bernardgreen]

I saw somewhere we may need listed building consent -

You don't need Listed Building Consent as you are not altering a listed building. But you may be subject to planning constraints intended to protect the listed building and its setting.

 

[X1lol]

The wording of the Scottish document says that if your alterations might affect the 'setting' of the losted property then you would need listed building consent to use PD on your own property. Listed or not.
As we are only using PD and don't have any restrictions then 'planning constraints' shouldn't apply? I'm hoping the above is just for Scotland!!

 

[wessex101]

I've seen that "affecting the setting of a listed building" and also the curtilage of a listed building can extend beyond the immediate boundaries. It is one of those little tricks the planners seem to pull out from time to time when they really don't want someone to build something.

It depends what you are proposing to build. If it is something small and uncontentious then you are probably OK, if it is a large side extension then probably best to go for pre-application/permitted development advice. But then I am quite cautious.

 

[bernardgreen]

Just checked details with a friend who lives in a listed building. His neighbour, whose house is not listed, could use Permitted Development but the new structure was not allowed to block the view of the listed building from pedestrians on the public highway.

 

[X1lol]

Thanks both.
Ours is 2 X side extensions (1 each end) of our detached barn. We have already been declined planning permission stating it would affect the setting and also due to green belt.
We were going to approach it via PD next as there aren't any restrictions.
It would block any views of the listed building (making it no closer at its closest point than it already is)
The listed building is owned my parents who have no objections.
Our extension would line up with their downstairs toilet obscure window and nothing else.
Would you suggest applying for LDC or not?
I am cautious as well!!!

 

[wessex101]

Well it looks like they have already played the "affect the setting" card so they will be looking for every trick in the book to try and stop it. One of my local Councils have severely cracked down on their Green Belt policies so they are very strict on all applications and PD requirements in the green belt zone. I would go for more informal advice at this stage to try and sound them out (some still do free or cheaper pre-application advice) and maybe get a local designer who has experience of these issues or maybe even a planning consultant as I suspect you will have a battle on your hands.

In theory PD should be the way to go but I would want written confirmation from the Council that they agree it is PD.

 

[X1lol]

Thanks-
I understand what you're saying but I personally feel like PD is a right, we haven't had that right removed and we don't actually have to ask permission for it. So really it shiuldnt be a question, let alone a fight! What we are planning is an barn conversion looking structure so it would complement the setting anyway!!

 

[X1lol]

Just checked details with a friend who lives in a listed building. His neighbour, whose house is not listed, could use Permitted Development but the new structure was not allowed to block the view of the listed building from pedestrians on the public highway.

Thanks for that- neither of us are visible form highway or pedestrians- surrounded by 2 acres well off the road. So.... Are we ok?

 

[bernardgreen]

surrounded by 2 acres well off the road. So.... Are we ok?

The only factually accurate answer ( opinion ) will be that of the local Planning officer and Conservation Officer who will both be influenced by policy and opinions from Historic England ( web site https://historicengland.org.uk/ )

Permitted Development is a concession and not an automatic right

 

[X1lol]

But by the letter of that concession I don't have to ask 'permission'
It's just frustrating because PD says its for everyone unless it has been removed etc. None of which applies to us! But then there's this listing b*ll ache!

 

[bernardgreen]

How do you know for certain it has not been removed.

https://historicengland.org.uk/advice/hpg/historic-environment/article4directions/

Article 4 can be imposed if local heritage people get to know of a development that would affect the historic interest.

 

[X1lol]

Well planning website says owners have to be advised of such also- we haven't up to now.