Permitted development rules or council rules?

[Dan gmail]

Can anyone advise on this. The council has a document on development which states critera that would prevent permitted development. Specifically this regarding lofts.

Roof Extensions
1. Roof extensions to residential properties will only be permitted if all of the following criteria are met.
Development must:
a. Be of an appropriate size and location within the roof plane and, in the case of roof dormers, inset from
the eaves, ridge and edges of the roof (insets should normally be between 500-750mm); and
b. Be in keeping with the character of the property, and not dominant when viewed from the surrounding
area;
2. Roof extensions to the side of a property must not disrupt the character or balance of the property or
pair or group of properties of which the dwelling forms a part.
3. Roof dormers on front facing roofs will generally only be permitted if they do not materially affect the
character of the area and are not dominant or intrusive when viewed from the surrounding area.

The 500-750mm inset all around a roof loft is most concerning because that would rule out a loft extension for most houses as most are tight anyway and you would have to lose a meter minimum of headroom space. But when you look around at lofts in the area none are complying with this, so its a bit confusing. Also permitted development rules do not mention the 45 degree rule for neighbouring windows does this also need to be considered for PD?

 

[Nakajo]

So ignore that bit. You need to comply with the GPDO, not local planning guidance

 

[Dan gmail]

How can you ignore it though because the council have refused permission and stated dormer needs to be inset 500mm on all sides, the client obviously wants an approval from the council....

 

[Nakajo]

Oh I thought we were talking about permitted development

 

[Dan gmail]

I am thats why im asking, why did they fail a loft conversion under PD because it wasnt within 500mm all around....?

https://new.enfield.gov.uk/services/planning/dmd-adopted-planning.pdf
They refrenced this document DMD 13.

 

[DevilDamo]

Can anyone advise on this. The council has a document on development which states critera that would prevent permitted development. Specifically this regarding lofts.

Roof Extensions
1. Roof extensions to residential properties will only be permitted if all of the following criteria are met.
Development must:
a. Be of an appropriate size and location within the roof plane and, in the case of roof dormers, inset from
the eaves, ridge and edges of the roof (insets should normally be between 500-750mm); and
b. Be in keeping with the character of the property, and not dominant when viewed from the surrounding
area;
2. Roof extensions to the side of a property must not disrupt the character or balance of the property or
pair or group of properties of which the dwelling forms a part.
3. Roof dormers on front facing roofs will generally only be permitted if they do not materially affect the
character of the area and are not dominant or intrusive when viewed from the surrounding area.

The 500-750mm inset all around a roof loft is most concerning because that would rule out a loft extension for most houses as most are tight anyway and you would have to lose a meter minimum of headroom space. But when you look around at lofts in the area none are complying with this, so its a bit confusing. Also permitted development rules do not mention the 45 degree rule for neighbouring windows does this also need to be considered for PD?

If you have PD rights, then you only need to comply with the PD criteria. If you don’t have PD rights, then you need to comply with your LPA’s guidance as above.

 

[Dan gmail]

Ok Thanks, so maybe PD rights have been removed.

 

[Nakajo]

The referenced document hasn't got much to do with PD.

 

[DevilDamo]

Ok Thanks, so maybe PD rights have been removed.

Check your PD situation first. If others in the locality have had lofts converted/extended which do not meet your LPA’s stated guidance, then they may have well gone down the PD route.

Your LPA’s website should have information relating to your PD rights. Failing that, you may get that information from speaking directly with the Planning department.

 

[tony1851]

@op; That document might be the council's own policy guidelines if someone applies for planning permission, eg if the dormer was greater than 40/50 m³.
Otherwise, the PD rules apply and the council has no say.

 

[jeds]

OP mentions 'permission' and client wants 'approval', which makes it sound like a planning application. If you apply for planning the LPA can refuse it on whatever grounds they feel justified.
Otherwise it would be permitted development and you might apply for a certificate of lawfulness. Not really necessary but come clients do want one.

If it is PD, the LPA can't refuse a certificate for a project that complies with PD rules. If they did I'd appeal and claim costs.
You must check though to make sure the property benefits from full PD rights and that the LPA hasn't issued an article 4 direction limiting PD rights for certain areas and certain works?