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Planning permission in conservation area

12 replies

FreeWee · 10/03/2018 08:59

My parents have an out building in their courtyard which backs onto a paddock. They would like to store stuff in the outbuilding then have direct access via a door to get the stuff into their paddock. Would knocking through for a door require planning permission? It would only be visible from the paddock.

OP posts:
Sensus · 10/03/2018 09:10

If it's an existing outbuilding, no - just get on with it.

Wtfdoipick · 10/03/2018 09:17

It depends on the actual rules for the conservation area so in mine you would not be able to if it faced a certain direction but any other you could. Check your areas rules carefully

FreeWee · 10/03/2018 09:53

I couldn't find anything against it but then it's quite a specific thing Smile

OP posts:
CycleHire · 10/03/2018 09:55

We live in a conservation area and it’s very difficult in my opinion to work out what you are and aren’t allowed to do from the documentation available. If you chance it without permission you’re taking a risk and it also might cause problems selling later if the buyers ask if you had permission, but seeking permission has a cost. I don’t know the right answer! I just hope the rules are clearer where you live than where we are.

Sensus · 10/03/2018 12:05

"I couldn't find anything against it but then it's quite a specific thing"

"We live in a conservation area and it’s very difficult in my opinion to work out what you are and aren’t allowed to do from the documentation available."

The rules are standard across England, unless the have been specifcally varied by what is called an Article 4 Direction. If you really want to know what the rules are, specific to your location, you need to contact your local Planning authority and ask them if there is any Article 4 direction in place for your conservation area (or other area of special Planning control), and if so, what it states.

But this is a case where it's easier to ask forgiveness than permission:

  1. The chances of being found out are very slim.

  2. If you are found out, I guarantee that the standard enforcement response will be simply to ask you to submit a retrospective application for the work, which WILL be approved, since:

a) there's good justification to refuse it, and;

b) whatever else is said, the reality is that LPA's are more inclined to permit retrospective applications than prior applications, because the further enforcement process that they are faced with if they don't is a bureaucratic nightmare that even they don't want to have to deal with, if they can possibly avoid it.

FreeWee · 10/03/2018 20:20

Thanks @Sensus!!

OP posts:
CycleHire · 11/03/2018 10:08

Thanks @sensus. There’s no article 4 directive in our conservation area. The only documentation I can find is the original conservation officer report recommending our road was added to an existing conservation area and that this was then agreed by the council.

So how do I know what standard rules apply to all conservation areas in England. I can only find general advice rather than rules.

AnnaMagnani · 11/03/2018 10:20

It doesn't exactly sound controversial.

I've recently got planning permission for doing something to my house that's both listed and in a conservation area - but it was not visible from the front and in a modern extension.

Had to email to the planning department to find out if I needed permission which was quite simple - answer came back yes. Yours may be no, depending on terms of conservation area.

If it is yes, then you can do the planning permission yourself online via planning portal. I found copying neighbour's permissions v helpful for knowing what to put in the access statements - a copy/paste job and I drew my own elevations with pencil and paper.

Sensus · 11/03/2018 10:32

@Cyclehire: "So how do I know what standard rules apply to all conservation areas in England. I can only find general advice rather than rules."

In Planning jargon, Conservation Areas are one of a number of land classifications that fall under the broader title of 'Designated Land'. The others are National Parks, the Norfolk Broads, AONB's and World Heritage Sites.

The Planning Portal lists COMMON PROJECTS.

If you click on whichever of these is relevant to you, it will tell you what you can and can't do, generally, and any general restrictions that apply to conservation areas will be described under the bits that refer to 'designated land'.

So, for example, THIS LINK tells you about extensions, and says that (bullet point 4) you're not allowed the increased size allowance for extensions under the Neighbour Consultaion scheme and (last three bullet points on main list) you're not allowed side extensions, 2 storey rear extensions, or cladding of the exterior.

Otherwise, unless there is an Article 4 direction in place, you have the same PD rights as normal.

If you want to find the information all in one place, and with more detail on its interpretation, refer to the HOUSEHOLDER TECHNICAL GUIDE

BubblesBuddy · 11/03/2018 11:36

In some conservation areas, there are people who look at properties and object to any change. Often they are self appointed custodians such as preservation societies or even neighbours. Hopefully you don’t have such zealous people around you. It really should not be a problem but you would be surprised how difficult some village reservation types can be!

BubblesBuddy · 11/03/2018 11:36

Preservation.... not reservation!

Sensus · 11/03/2018 13:43

"In some conservation areas, there are people who look at properties and object to any change. Often they are self appointed custodians such as preservation societies or even neighbours."

We've got one of those where I live. I didn't notice her until she commented on an application I'd submitted myself, where she actually mad a favourable, supporting comment (which is relatively unusual). I thought she must be my client's best friend, or something, but a little further digging showed that she commented on every single application that went in, in the area!

I'm sure that Planners must get used to these 'busybody' types fairly quickly, and measure their comments accordingly. I know that they do the same for many Parish Councils (who are Statutory Consultees on all applications).

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