Urgent help needed regarding permitted development

[jaspel]

Hi, I have a very worrying situation. We recently commenced building work on a loft conversion with a side dormer under permitted development. The dormer is 27 m3. I have today discovered from the architect that he has made an error with the volume calculations. He has failed to take into account a previous single storey extension to our bungalow which takes us over the permitted development volume allowance of 50 m3. This previous extension has no roof space as such, it is a kitchen with a pitched roof but the entire ceiling is vaulted so it will not form any part of our loft conversion. Never the less he seems unsure as to whether this "potential" volume should be included against our total allowance and I am left in the position where I don't know whether we should be applying for retrospective planning permission or not. Does a previous extension count against "additional roof space volume" if it cannot be converted into habitable space and will not form part of the loft conversion? If it does, from where do you calculate the roof space, given it is just a very high ceiling in a single story extension? They knocked through for the stairs yesterday, I have a huge hole in the middle of the house, 2 small children and a very worried wife. To add to the problem, we initially had a disagreement with our neighbours over the installation of a velux window. We agreed to remove it in the end as we did not want to fall out with them, even though according to permitted development rights we were entitled to keep it. I have spoken to various people, some involved in planning and nobody seems able to tell me the definitive answer. Please help.

 

[tony1851]

I just noticed your post on roof volumes. Although its not my area, there are a number of contributors to this forum who are very knowledgable on planning matters and who I'm sure will respond soon.
In the meantime, don't worry about this as councils rarely take action in cases such as this, particularly if the volume excess is not much.

 

[^woody^]

The 50m3 limit for PD is for the loft only and not part of any allowance of other work done around the house

 

[jaspel]

My worry is that although we have technically not turned it into roofs pace the permitted development states that any roof space addition. It has a pitched roof just no ceiling rafters as it is vaulted. Never the less plenty of people are telling me that technically it is an increase of roof volume therefore needs to count against my permitted development allowance. Ie the space above wall height and into vaulted ceiling. I am being told so many different things. The legislation is not clear or does not seem to take my situation into account and the fact even my architect is admitting he got it wrong concerns me that he is right. Help!

 

[^woody^]

You need to get a new architect. The legislation is quite clear

The current PD regulations state that a loft conversion is PD if it forms a usable space of less than 50m3

It is nothing to do with whatever else has been done to the property is it 50m3 of converted space in th eloft area

So you work out the volume of the loft (l x w x h /2 if pyramid shaped) and then deduct the raised floors and lowered ceiling and deduct the eaves space with is not in the new room, and you get your "converted area of loft"

 

[tony1851]

a loft conversion is PD if it forms a usable space of less than 50m3

Are you sure about this or have I misread you? The PD rules don't refer to 'loft conversions' or 'dormers', simply to 'roof enlargements'.

B1(c) makes it clear that it is the increase in volume of the roof that matters, not the actual volume of the room created, which will of course be larger. (admitetdly the wording of B1(c) is sloppy because it refers to 'additional roof space' where perhaps for 'space' they should have written 'volume').

He need take into account only the external volume of the enlargement.

I agree in that I dont think the extension roof will be an issue, particularly if it doesn't marry into the main roof.

 

[jeds]

It's the additional volume that counts. Measure existing roof; measure roof with addition. Deduct second from first. If it is 50m³ or less you are OK. Measure external dimensions. It matters not if the space is usable or not.