Planning of a conservatory under permitted rights

[^woody^]

It's true

 

[DevilDamo]

No it isn’t true as exempt conservatories have to meet all the exemption criteria. Even those exempt conservatories need to meet Part P in addition to meeting Part N.

 

[frutbunn]

Of course it does. Fire can spread via the roof.

Even if B Regs applied they would still not require the roof elements to be fire resistant in this particular situation, Fire resistance to roofs is only required if it is used as a means of escape or gives support to a wall (ie portal frames) if there is a boundary condition relating to fire spread.
As stated by Devil Damo if the building is exempt you only need to comply with Part N, and Part P, anything else is entirely up to you.
For information you are allowed limited amounts of unprotected glazing (1 sq m) within 1m of the boundary if B Regs applied.

 

[^woody^]

No it isn’t true as exempt conservatories have to meet all the exemption criteria. Even those exempt conservatories need to meet Part P in addition to meeting Part N.

"Exempt by meeting the exemption criteria" is long winded way of saying "exempt".

Like I won't be fined for speeding if I don't speed. I won't die of Corona if I don't catch it.

 

[^woody^]

Even if B Regs applied they would still not require the roof elements to be fire resistant in this particular situation, Fire resistance to roofs is only required if it is used as a means of escape or gives support to a wall (ie portal frames) if there is a boundary condition relating to fire spread.
As stated by Devil Damo if the building is exempt you only need to comply with Part N, and Part P, anything else is entirely up to you.
For information you are allowed limited amounts of unprotected glazing (1 sq m) within 1m of the boundary if B Regs applied.

Fire protection from or to the relevant building includes walls and roof, and if there is a projection floor too.

 

[frutbunn]

"Exempt by meeting the exemption criteria" is long winded way of saying "exempt".

The point is, it is exempt but still has to satisfy certain criteria as opposed to being wholly exempt from all aspects of the regs.

Fire protection from or to the relevant building includes walls and roof, and if there is a projection floor too.

Try reading the definition of elements of structure, can't be applied in this situation to the roof.

 

[^woody^]

The point is, it is exempt but still has to satisfy certain criteria as opposed to being wholly exempt from all aspects of the regs.

Try reading the definition of elements of structure, can't be applied in this situation to the roof.

The point is, everything is exempt as long as it satisfies the criteria for exemption - building regulations, permitted development, building close to drains, party wall matters .... you name it. Someone saying "No it isn’t true as exempt conservatories have to meet all the exemption criteria" is just a nonsense statement as that is the same for everything in every part of life. Things are exempt up to the point they are not exempt, but we don't go around saying that, we just use the one word ... "exempt".

As for the fire protection, the principles of fire safety at the boundary are the same same for any structure which is controlled works - walls roof and if relevant floor. Yes if the conservatory is exempt from building regulations (ie an application for approval) then it's exempt from fire safety under building regulations, but that does not absolve the homeowner from his duties under other legislation such as negligence.

 

[frutbunn]

As for the fire protection, the principles of fire safety at the boundary are the same same for any structure which is controlled works - walls roof and if relevant floor. Yes if the conservatory is exempt from building regulations (ie an application for approval) then it's exempt from fire safety under building regulations, but that does not absolve the homeowner from his duties under other legislation such as negligence

You're still mentioning roofs, in most domestic situations this is NOT required even if B Regs apply.

 

[LemonSqueezy]

Hi All.

Neighbours have now formally objected to the planning application stating that it blocks thier llght. Remember - neighbours have no planning for their conservatory, which will be the final point i I intend to raise.

How do planners assess the impact on loss of light? This is not a civil matter (right to light) but a planning matter.

Thanks in advance

 

[^woody^]

Read their policies, which will state how they assess things.

 

[Ron_UK]

Hi All.

Neighbours have now formally objected to the planning application stating that it blocks thier llght. Remember - neighbours have no planning for their conservatory, which will be the final point i I intend to raise.

How do planners assess the impact on loss of light? This is not a civil matter (right to light) but a planning matter.

Thanks in advance

Hi Squeezy

How did you get on? Any updates on this?
Please keep us updated

Thanks
Ron

 

[LemonSqueezy]

Hi Ron,

Ok so to update - the planning Permission was Granted back in Mid October. The council found that the objection was baseless and that the new extension would not affect the existing conservatory next door. There seems to have been no mention on the councils part that they acknowledge the neighbours conservatory is contravening planning policy. They know it, we know it, not sure if the neighbours know it but i suspect they do. Its then a 'they know that we know' situation. I havent said anything...yet. Ive put up a 6ft 6 fence between us and them to replace the 3ft fence that was there. Im done dealing with them now. The new extension was always planned for 2021, so if they kick off unduly when im building it, then ill remind them of the planning situation.

Cheers - all seems to have worked out well in the end.

 

[Captain Nemesis]

I would like to keep the peace as i dont plan on moving

Sounds like you could well end up with a dispute to admit to if you do.

But seriously - what kind of t**t raises an objection to planning when they themselves are in breach.

 

[Ron_UK]

Hi Ron,

Ok so to update - the planning Permission was Granted back in Mid October. The council found that the objection was baseless and that the new extension would not affect the existing conservatory next door. There seems to have been no mention on the councils part that they acknowledge the neighbours conservatory is contravening planning policy. They know it, we know it, not sure if the neighbours know it but i suspect they do. Its then a 'they know that we know' situation. I havent said anything...yet. Ive put up a 6ft 6 fence between us and them to replace the 3ft fence that was there. Im done dealing with them now. The new extension was always planned for 2021, so if they kick off unduly when im building it, then ill remind them of the planning situation.

Cheers - all seems to have worked out well in the end.

Nice to know you got a result mate, some people are so petty.
Good luck with the build, i'm sure it will look superb!
Ron