PLANNING in the Sunderland Echo Property Supplement
PLANNING
Following our first article in December, we received several emails about planning permission. The questions ranged from domestic extensions in a conservation area to simply inserting a new window in your house. This month we will concentrate on planning in relation to domestic properties. The advice given below can differ from site to site, and it is always beneficial to seek the opinion of the local planning department before planning an extension.
Do I need planning approval?
New regulations came into effect on 1st October 2008 which now means that most homeowners do not need to obtain planning permission when extending their homes subject of course to certain size and height limits and location. This includes the installation of solar panels, converting a garage, adding a conservatory and inserting new windows, depending on the status of your house and where it is situated. These changes only apply houses and do not apply to flats, maisonettes or commercial buildings.
In some locations, ‘permitted development rights’ are more restricted. If you live in a Conservation Area, a National Park or an Area of Outstanding Natural Beauty, you will need to apply for planning permission for certain types of work which do not need an application in other areas. There are also different requirements if the property is a listed building.
A great first step in finding out whether you require planning permission is the government’s planning portal website: http://www.planningportal.gov.uk/england/public/tools/house which includes some really helpful information and interactive diagrams relating to extending your home.
Failure to obtain planning permission
The failure to obtain planning permission or comply with the details of an approval is commonly known as a ‘planning breach’. If the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were.
Greater Flexibility for Planning Permissions
Under new secondary legislation coming into force on 1st October it will be possible to apply to extend the period in which a planning permission can be implemented by a further three years, as long as the permission is still valid when the application is made. These measures will be available for both minor and major planning permissions.
As such, these new ‘extension’ applications are a significantly more cost-effective way of protecting existing permissions than a standard re-application.
Building Regulations
Building regulations will generally apply if you want to build an extension to your home. However, conservatories are normally exempt when they meet a number of conditions.
Your Responsibilities
With all building work, the owner of the property (or land) in question is ultimately responsible for complying with the relevant planning rules and building regulations (regardless of the need to apply for planning permission and/or building regulations approval or not). Therefore, failure to comply with the relevant rules will result in the owner being liable for any remedial action (which could go as far as demolition and/or restoration)
The general advice is to always discuss your proposals with the relevant Local Planning Authority and Building Control Service before starting work. There are also other considerations ‘before you start work’ such as health and safety requirements and additional permissions that may need to be granted such as rights of way or listed buildings consent.
We can offer advice on planning permission, building regulations and whether or not you need them in the first place. There’s a free visit to your home to provide design ideas for any new extensions up for grabs to the reader who answers our monthly trivia question.
Last month’s question was “What is the name of the bridge at the entrance to the Hudson Dock in the Port of Sunderland and what is it famous for?” The answer was The Gladstone Bridge – the world’s first aluminium bascule bridge.
When was the first ever Wearmouth Bridge completed and opened to traffic?
Please email any questions or your answer to craig@fitzarchitects.co.uk and we look forward to answering them.
Further informative links can be found on our website under the “useful stuff” section and you can keep up to date in our “blog” section with developments such as one of the UK’s most advanced housing schemes in South Tyneside at our new website www.fitzarchitects.co.uk
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