Permitted development
Discussion
We have a badly built conservatory about 25ft X 12ft in dimensions, it's about 7 yrs old but was never paid for in full by the previoous owner of the house and is therefore not under any warranty (although at the time of purchase they told us they'd leave the paperwork for the 25 yrs warranty they said it had) 
Anyway, we don't wish to spend £25k rebuilding exactly the same as what is there as we see no benefit for the money we have spent, other than it being of sound construction.
3 sides are brick walls and 2 sides are largely glass.
So what we'd like to do is replace the glass sections with sufficient brick pilars and beams into the main house to support the weight of a new slate roof and have brick walls with large windows all to match the existing house. This will make it a useable room year round.
The local council have said we will need to submit a full planning application for this and that after we have removed the existing conservatory they may not grant permission to go ahead with the rebuild at all. We need to have something there as the current conservatory links between the kitchen and our family room. To also knock down a conservatory, remove a brick fireplace (at one end), remove a gas line and stove and take up the nice oak floor and also install exterior doors to the entry/exit doorways will cost serious cash but at the same time reduce the value of the house significantly.
We are going to build to the same footprint as the existing conservatory, the roof height will be the same or lower and it will be a lot more in keeping with the victorian style house than a UPVC white plastic structure.
Looking at the governmemt website on permitted development, it's doubtful that we should need any planning permission at all under the rules they give on the site. Do local planning regs override the governments regs?
Does anyone have any knowledge on this and also any comments on whether the repsonse from our council is typical or not is much appreciated.
Anyway, we don't wish to spend £25k rebuilding exactly the same as what is there as we see no benefit for the money we have spent, other than it being of sound construction.
3 sides are brick walls and 2 sides are largely glass.
So what we'd like to do is replace the glass sections with sufficient brick pilars and beams into the main house to support the weight of a new slate roof and have brick walls with large windows all to match the existing house. This will make it a useable room year round.
The local council have said we will need to submit a full planning application for this and that after we have removed the existing conservatory they may not grant permission to go ahead with the rebuild at all. We need to have something there as the current conservatory links between the kitchen and our family room. To also knock down a conservatory, remove a brick fireplace (at one end), remove a gas line and stove and take up the nice oak floor and also install exterior doors to the entry/exit doorways will cost serious cash but at the same time reduce the value of the house significantly.
We are going to build to the same footprint as the existing conservatory, the roof height will be the same or lower and it will be a lot more in keeping with the victorian style house than a UPVC white plastic structure.
Looking at the governmemt website on permitted development, it's doubtful that we should need any planning permission at all under the rules they give on the site. Do local planning regs override the governments regs?
Does anyone have any knowledge on this and also any comments on whether the repsonse from our council is typical or not is much appreciated.
Kentish said:
Do local planning regs override the governments regs?
No, not unless your property is in in conservation areas or similar area of control (AONB etc.), or is listed, or has had Permitted Development rights withdrawn.A simple enquiry to the Local Authority Planning Department, giving them the address, should allow them to tell you whether your property has PD rights.
You also need to be wary of Building Regulations (which are a different thing entirely to Planning). Consevatories have special exemption, but what you are suggesting doesn't fit the definition of a conservatory (roof and at least 2 walls must be glass, from memory), so you'll need Building Regulations permission... Which throws up a number of issues like structure (they'll want to know that the existing foundations are adequate) and heat loss (you'll may need to achieve current standards of insulation, which can be difficult to acheive with a largely glazed structure). Talk to your local Building Control Officer to see how flexible they are.
Edited by Sam_68 on Friday 15th May 18:03
Fully agree with Sam 68 regarding Building Regulations, your redesign would need to meet all currents regs.
On the PD situation its dangerous to give advice without fully seeing the situation on site, however, for clients piece of mind I recommend making application for 'Lawful Development Certificate for Proposed use or Development' is cost halve the current planning fee (£75.00) If the LA accept the development the certificate can be used should you wish to sell in the future that development is legal.
They will need drawing / details but these will normally be required for Building Regulations submission although i do accept the building Notice (without plans) can be followed but this system is not without its pit falls.
On the PD situation its dangerous to give advice without fully seeing the situation on site, however, for clients piece of mind I recommend making application for 'Lawful Development Certificate for Proposed use or Development' is cost halve the current planning fee (£75.00) If the LA accept the development the certificate can be used should you wish to sell in the future that development is legal.
They will need drawing / details but these will normally be required for Building Regulations submission although i do accept the building Notice (without plans) can be followed but this system is not without its pit falls.
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