Permitted development refused and we're already almost built - advice pls!

[Ipanema01]

We are having a loft and ground floor extension, and the chap who did our drawings submitted the loft plans as permitted development, assuring us that we didn't need full planning permission and that we could get on and build the loft. Working on that basis our builders have been in since last week and are over half way finished.
I received a call from the council yesterday to say that permitted development is being refused as we're in a conservation area and I now have a very miffed builder and am expecting to have to now wait another 8 weeks to hopefully receive permission to build.
Where do I stand and has anyone been through anything similar? Should also note that the plans guy used to be a building inspector . I'm obviously annoyed that we're going to have such a hold up, but more worried about our builder (who has been fantastic) and what he's going to do for the next 8 weeks!

Sorry no advise. But if permission is needed you do have to get that first. Do neighbours have lofts done? How was the builder to know about conservation?

Did you not tell the chap who did your plans that you were in a conservation area? Presumably the total volume is within your permitted development rights, and as such wouldn't have needed planning permission. However being in a conservation area trumps that right so you really should have checked....

Sorry you're going to have to let your builder take on other work. If you're refused you could appeal but the process could take months if not longer.

Building Inspectors deal with Building Regs - entirely different system from the planning system so shouldn't be expected to know the rules. Similarly he shouldn't have been advising without being qualified to do so.
If pp is required, and being in a CA, higher standards of design may be required than any other dormer. I would stop work for now and await the decision from the Council. It is possible that pp may be refused, and the Council are within their rights to serve an enforcement notice to rectify/remove the works carried out. You would have the right to appeal against the refusal of pp.
If other properties in the immediate area are similar to yours, and have had similar extensions you may be OK. See if you can speak to the Planning Officer and get an idea of which way they may be headed.

Thanks for your responses. We didn't flag that we're in a conservation area no, and being complete amateurs we didn't even think about it!
The reason we went with this guy is because our next door neighbours used him for their ground floor extension recently and he seemed v knowledgeable about planning controls and what the council would want to see, etc so when he instructed us to go ahead with building under permitted development we didn't question it. when I spoke to him to let him know that I'd had a call rejecting it he sounded completely shocked. I'm not trying to point the finger of blame at all, just wondering what to do really. As I thought it sounds like there is nothing for it except to wait and see! Argh

I think the only thing you can do is wait. If planning permission was refused and you have carried out the work, you risk as pp has said having an enforcement issue notice requiring you to effectively undo the work you had done. Its unfortunate, but imo its better to stop now when potentially it is easier to make amendments to the design / build if required in order to get planning permission.

P.S. I've just had a very quick look at the mini- guide to loft extensions on the planning portal and the very first page is a big red cross across a picture of a loft conversion saying loft conversions in a conservation area are not permitted development. Seems like its a basic rule.

I think you have to take some blame for not telling the person who drew up the plans that it is a conservation area, but did you pay the going rate? Is he an architect? Have you paid for the full service (i.e. usually pay for drawings and getting the necessary approval)?

I live in a conservation area and I hate to be the one to tell you this but your best option at this point is to stop the work, secure the site as best you can, get the planning permission and only once approved restart. otherwise you might find that what's been finalised needs to be pulled down - at least if it's half way through its more a question of potentially revising plans. My CA is very strict and even tho I can see houses with huge loft extensions on the boundary of this estate facing mine and they are entitled to build these under permitted development I've been flat out told that whilst I can get a loft extension because I'm in a CA permitted development doesn't apply and there are restrictions on the style and size of one. You have my sympathies...

Ps - check the specific rules relating to your conservation area. You ought to be able to find them on your local councils website. These should set out exactly what you do and don't need planning permission for. This should help you - it may be what you are doing is absolutely ok but you just need the planning approval beforehand than being able to rely on permitted development. Building approval is different and you will need this in any case. Make sure you've also done your party wall submissions too.

Thanks again all.
We just didn't think at all about the conservation area thing, completely didn't occur to us. We have paid for the full service (2.2K in total) and I guess we've just put our trust in the fact that he knows what he is doing and we don't and made a bit of a mistake with that. I am resigned to the fact we'll need to stop. Agreed that there doesn't seem to be much else we can do! Bottle of wine tonight I think...

You need to hire an architect who is experienced in getting planning permission in conservation areas. Call the RIBA for a recommendation in your area. I will probably cost you a few thousand more, but it's the most likely way to get the approval. Make sure that the architect is experienced in working in Conservation areas!

Update! The Planning officer came by this morning, took photos and has come back to say that we need to pitch the roof by 70 degrees, turning it into a mansard.
Half of our neighbours have built with permitted development and those that have they have a pitch of 5 or so degrees.
Our options therefore are to accept what they have said and rebuild the back wall, losing the space and making the interior less aesthetically pleasing or appeal. If we accept I think we'll get PP pretty quickly and can continue with the rest of the work.
Does anyone have any advice or experience with appealing? We're really unsure whether to accept it to get it done or try to appeal the decision. I have no idea what the success rate is and if it's going to just do nothing but drag this out, with the outcome being that we have to do as they have asked anyway. Thanks

Surely if your neighbours have similar conversions to your planned one, going for permission on appeal would be likely to be accepted? Talk to an architect, very soon!

I'm pretty certain that dormer windows in Conservation areas have needed pp (rather than being pd) for at least the last 20 years. If they are that old, they are unlikely to be treated as a precedent when determining an appeal. As a householder appeal, the Inspectorate target is to deal with it in 8 weeks, although there is currently a 6 week delay in even validating appeals lodged. The percentage of appeals successful is really immaterial as each one will be looked at on its own merits.

That's what you would hope, but I'm told by our chartered surveyor who produced our drawings that they can basically pick and choose what they allow and when. We don't have an architect and were hoping to avoid the cost of one, but perhaps we're going to need to appoint one...

Thanks Seeline, I'm pretty sure at least a couple are a lot more recent than that, and if they want us to be inkeeping with the other houses I'm unsure why they would insist we have a 70 degree pitch rather than the 5 degree others have...?
It's also been mentioned that we'd want to hire someone to oversee the appeals process - is it something we could manage on our own if we decided to go that route?

Do you know for certain that you have neighbours that have built within permitted development? Have you asked PLanning whether there has been a change of policy in recent years?

The PO has said that some of the neighbours have built under PD and yes, there has been a change of policy of some sort but I don't know the year/the exact change as I wanted to try to get more info before speaking to her myself. This is all second hand from our drawings guy. Without sounding like a brat, it just seems a bit unfair that we have to have this massive angled roof that neighbouring properties don't!

PD is set by government, not local authorities. The only change would be change to the CA boundary, so that perhaps they weren't in the CA when the dormers were built, but are now.
TBF your drawings guy doesn't sound as though he knows much - I would see if you can get any more info out of the planning officer, or perhaps speak to one of your local councillors and explain your situation.
The house holder appeal process is fairly straight forward and you would be able to submit it yourself. Have a look at the Planning Inspectorate website.

Thanks again for your input! We have decided to accept it, change the plans and go ahead with the pitched roof in order to get on with it and finish. Hoping it won't encroach on the space too much and also that our downstairs extension goes more smoothly!