Permitted development

[Popple347]

Hi,

I was advised by my architect that our single level extension would be within the permitted development and we could start work straight away. We are now 4 weeks in and 3/4 to go and have just found out that we our work isn't a permitted development as it's 0.25m too long.

The architect says he can just apply for planning permission and is confident we will get approved (he was confident about the PD).

I worry that a) we will need to stop work as 90% of downstairs is boarded up and b) if it gets rejected we have wasted a lot of money.

Does anyone know anything about PD/planning permission?

Thanks.

Also the architect has advised even if we are told to stop work that as all the work to be done now is internal that we could probably get away with carrying on.

I'd be pretty confident that you'll get consent. I wouldn't suggest doing the work before you have it though.

Thanks.
So you'd wait the 8 weeks for planning approval? We have obviously already started as advised with a PD we could. So having no downstairs and living in 2 bedrooms (with one 10 month old) isn't ideal.

Never mind the fact you have a negligent architect, in theory you can claim all costs back from his insurance caused by his mistake! But in the mean time it might be worth getting pre application advice from the council. Basically you may have to pay a small fee but they will look at your drawings or whatever and tell you whether it's likely to get approval. Then you can decide based on that.
It's very quick as you just drop in at a certain time, here they have them every day at a certain time.

Thanks John, will look into pre application. I assume this is OK even though work us almost completed?

The problem with the architect is he is a very old friend so claiming back isn't ideal.

Yes the advice is before you decide to apply, in your case it would be a retrospective applications (basically just tick a box saying the work has already started) do that and then you'll know what to do next.
The other option is just to keep quiet and wait a few years by which time the council can't enforce. They won't enforce for trivial breaches either, it has to be in the public interest to do something.
How did you fond it wasn't PD? Did someone report or did you just look into it yourself?

The only problem with keeping quiet is whether a neighbour or someone else complains. Or if you want to sell the house.

Did your architect not apply for building regs consent before the permitted development began? Did they not pick it up?

So we did apply to have a Certificate of Lawfulness which was rejected as my architect never picked up that PD was removed by the council on the houses in our development. We now have to apply for planning permission and hope this is accepted. This has caused no end of stress and my concern now is it the work will be completed before the final decision has been made. (The council advised we can continue work).

0.25m? Seriously doubt anyone would notice 25cm. How did you realise the error? As pp have suggested just contact your planning office, via general enquiries or pre-application advice. Some councils offer free pre-app advice others charge around £50 and let you know 4 weeks later of likelihood of approval or rejection. Given it's only a tiny amount and you're hardly taking advantage you could just go for retrospective planning. They aren't going to refuse planning permission that's 25cm over permitted development. I'm guessing you're not in a conservation area or anything?

Cross posted. Argh so there's no PD for your house anyway? The architect has seriously messed up. You'll have to stop I guess and apply retrospective and sue the architect! Nightmare for you, so sorry!

You're solicitor should have highlighted this to you when you bought though.

The architect doesn't sound very good imo, I'd change due to so much mis info.

Unfortunately we used a good and very old friend for this job. In hindsight using friends probably isn't the best idea.