We are close to completing an extension on our property for which we had full planning permission. As part of the build and as part of the approved plans we wanted to add additional roof lights in the existing loft. The planning permission granted did not remove our any permitted development rights.
During the build we decided to install a Velux Cabrio - these are basically two Veluxes on top of each other that open to form a ‘balcony’. Only it’s not a balcony and the National Planning Inspectorate classes is at a roof light that falls within permitted development. There is precedent for this.
The Velux we installed does differ from the approved plans. It is larger height wise, but the added glazing is above head height. We thought that we were ok to install because a) these roof lights are classed as permitted development and b) it doesn’t make any material difference to overlooking etc compared to the approved plans. We don’t look into anyone’s house or windows.
Someone has reported us to planning. Planning has said that we can’t count it as permitted development because it was part of a planning application. They’ve said we can replace the Velux Cabrio or submit an amendment to our planning but this would be refused. We could appeal - but I’m not sure what the implications would be for further submissions if this was refused.
Question: Would losing an appeal invalidate our planning permission for the whole project or just the amendment? Would this prevent us from making a separate application to just cover the Velux?
They’ve sort of suggested that we could make a separate submission to just cover the Velux Cabrio. But it’s not clear if this would need to be full planning permission. Or if we could go down the route of lawful development.
Question: Should we make a separate application and what type? If we completed our extension and then say a month later decided to install the Velux Cabrio would this then fall within permitted development and we wouldn’t be in breach of our permission and wouldn’t need any further approvals from the council?
advice appreciated!
During the build we decided to install a Velux Cabrio - these are basically two Veluxes on top of each other that open to form a ‘balcony’. Only it’s not a balcony and the National Planning Inspectorate classes is at a roof light that falls within permitted development. There is precedent for this.
The Velux we installed does differ from the approved plans. It is larger height wise, but the added glazing is above head height. We thought that we were ok to install because a) these roof lights are classed as permitted development and b) it doesn’t make any material difference to overlooking etc compared to the approved plans. We don’t look into anyone’s house or windows.
Someone has reported us to planning. Planning has said that we can’t count it as permitted development because it was part of a planning application. They’ve said we can replace the Velux Cabrio or submit an amendment to our planning but this would be refused. We could appeal - but I’m not sure what the implications would be for further submissions if this was refused.
Question: Would losing an appeal invalidate our planning permission for the whole project or just the amendment? Would this prevent us from making a separate application to just cover the Velux?
They’ve sort of suggested that we could make a separate submission to just cover the Velux Cabrio. But it’s not clear if this would need to be full planning permission. Or if we could go down the route of lawful development.
Question: Should we make a separate application and what type? If we completed our extension and then say a month later decided to install the Velux Cabrio would this then fall within permitted development and we wouldn’t be in breach of our permission and wouldn’t need any further approvals from the council?
advice appreciated!
