Permitted Development or not

[^woody^]

Its hard work

The new 2008 Order replaces the 1995 order from when it commenced in October 2008.

It does not mean that the previous 1995 order is just wiped from existence.

Anything done under the 1995 order is still counted and can be enforced against where the law allows

 

[chapeau]

Down woody, down.

I suppose we have to agree to differ on that one. However, as you couldn't even find the word 'substitute' in the order I reckon I might have the better chance of being right.

Not that I care, I've referenced my sources, and I leave it up to others to decide.

However you do know how to dig holes, I bow to your superior knowledge of that......

 

[jeds]

It matters not to the OPs situation. If there is a rear wall to build off and all 2008 GPDO rules can be satisfied then he can build. There is no reason to go back to previous rules.

If you are concerned about running into problems when selling you will need to apply for a certificate of lawfulness. You could ask the planning dept to simply confirm it in writing but they normally slap a load of get-out clauses over their letters to the effect that the letter is only the opinion of an officer. This is no good to you - you need something legal. And the ONLY legal documents are planning permission or a certificate of lawfulness.

 

[chapeau]

Yes, strictly speaking that is correct, a letter is not planning permission.

However....

When you come to sell your house, the situation I gave, the purchaser's solicitor has his boxes to tick and his insurance to protect. A letter will almost certainly satisfy him. If it doesn't, then you go get your lawful development certificate (LDC). So having a letter means you lose nothing and could gain a lot and it's a overall less hassle and usually cheaper.

Another scenario would be if you got your letter, built your extension to the plans submitted, then the council decided you needed planning permission all along. If that was me, and the possibility is remote that planning would actually try to enforce anything, I'd fight them all the way to court where I would win.

Or you could say 'sod the lot of you' and build it under permitted development and tell nobody. This is perfectly legal and the permitted development definitions are quite straightforward and the OP appears to understand them. You cross the selling bridge when you come to it. If four years have passed then you will get your LDC anyway, but it could delay a sale. In this buyer's market I think it's sensible to have something in writing in advance, others might not feel that way.

So getting a letter is sensible if the council provides them. It's what I do, got one a few weeks back, and although it does have caveats as long as I build to the plan the council has no chance of any comeback that will stick. And in any event, what I am doing is 100% permitted development, so they would be told where to jump even if they did.

As always, you need to decide what to do, it's your house, but it's good to know of your options.