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Original poster

Help - will I have to demolish my kitchen?

20 replies

LollyD77 · 27/02/2023 11:30

I am moving into my dream home soon with my 8 yr old so . This has been a year in the making with the purchase. Working with architects and builders. At all stages I was assured that all work was within permitted development and the building inspector seemed happy. However, the neighbours have now complained about my kitchen extension due to its height blocking their light and the council have said that I do need planning after all. This has put me in the position of applying retrospectively when I am 90% complete. I can understand the neighbours misgivings but I genuinely didn’t think I was doing anything wrong and if I have to take it down I will be left bankrupt and with a house that is nothing like the dream home I have worked so hard for. I am a single Mum and my son is ADHD/ASD which is what mainly informed the work. I have tried talking to the neighbours to see if I can assuage their worries or compensate in any way and explain the situation. Any advise would be greatly appreciated x

OP posts:

dreamersdown · 27/02/2023 11:32

When you say you were assured it was within permitted development - by who?

Napmum · 27/02/2023 11:36

If you have written confirmation that it was permitted development, then they shouldn't be able to change their minds. Speak to a solicitor

Remmy123 · 27/02/2023 11:40

But if the building inspector had passed all stages why is there now a problem?

Original poster

LollyD77 · 27/02/2023 11:40

I was assured by the architects who said they designed it specifically to be within permitted development

OP posts:

Honeyroar · 27/02/2023 11:42

Remmy123 · 27/02/2023 11:40

But if the building inspector had passed all stages why is there now a problem?

I think building regs and planning are two different depts, and building inspectors check building regs.

Honeyroar · 27/02/2023 11:42

LollyD77 · 27/02/2023 11:40

I was assured by the architects who said they designed it specifically to be within permitted development

Have you spoken to them?

Original poster

LollyD77 · 27/02/2023 11:48

Maybe it’s because we have reached the full height and roof being put on now? I have written confirmation from the architect that it is in permitted development but not the planning department. I feel like an idiot and don’t know what to do. Can’t afford to go back and terrified to go forward

OP posts:

GasPanic · 27/02/2023 11:54

I thought you normally submit plans to the council, who send you a letter that it falls within permitted development.

You need professional advice, but at a guess I doubt whether you can do much other than get the plans, a statement from the architects explaining how it meets pd rules and detail how, and then submit it and hopefully it will be allowed.

As an aside, I don't quite see how you will be left bankrupt if you have no extension. You will have a house without an extension, but it's hard to see how that makes you bankrupt, as presumably you had the funds to extend it in the first place.

dreamersdown · 27/02/2023 11:57

Did you/ your architect get pre planning advice? I would be finding out from them and getting the written confirmation from the planning team.

Don’t panic. There are a couple of options here:

The architect is right, it’s within permitted development and won’t need to go through planning
Its not within permitted development and has to go through planning and it passes (I’d be speaking to the architects to retrieve the planning app fees!)
It’s not within permitted development and has to go through planning and it needs amending (not pulling down! But perhaps changing the roof structure?)

Seeline · 27/02/2023 12:06

Arggh - architects design buildings, they don't have planning qualifications. Drives me mad!

Have the Council said why it's not permitted development?

If they have decided it's not, then they will hopefully ask for retrospective application rather than going straight for enforcement action.

If they refuse planning permission, or serve an Enforcement Notice, you do have the right to appeal both decisions. Please get advice from a qualified planning consultant if you end up in this position.

Heronwatcher · 27/02/2023 12:26

Yes the first step is to find out why it’s not permitted development. You need to get hands on, don’t leave it to the architect. Have the Council written to you? Once you’re clear about what the issue is then you either need to get the architect or a specialist planner to work with the council if you don’t agree with their analysis. But if it’s something simple like roof a bit high, I’d just change the building so it can fall back within permitted development.

tirednewmumm · 27/02/2023 12:52

GasPanic · 27/02/2023 11:54

I thought you normally submit plans to the council, who send you a letter that it falls within permitted development.

Surely the cost to take it down and reinstate wall will be high!? I assumed that's what op meant.

Op I would get architect to support your application and explain why it's within PD. They should be fairly confident to have said it to you!

Honeyroar · 27/02/2023 12:58

tirednewmumm · 27/02/2023 12:52

Surely the cost to take it down and reinstate wall will be high!? I assumed that's what op meant.

Op I would get architect to support your application and explain why it's within PD. They should be fairly confident to have said it to you!

Show quote history

Yes exactly- knocking down the extension would cost money, as would repairs to the wall knocked through.

Notyetthere · 27/02/2023 13:06

You still need a letter or the council confirming that you are within permitted development rights. We applied for a back extension and loft conversion. We got PP for the downstairs and it clearly stated loft still had PD rights so we could go down that route. We then submitted an application for PD for the loft which was then given and confirmed.

The thing that we debated at the time, surely we could just get on with the loft conversion since we are within PD; but then we thought, how do you go about proving that an extension is PD when we come to sell? That is when we decided to put in the application for PD so that we had that proof.

Notyetthere · 27/02/2023 13:08

Don't worry, at worst you just have to submit a PP application retrospectively and hopefully all will be ok. There is quite a few near me with retrospective applications and all were approved.

Seeline · 27/02/2023 13:09

You don't have to get confirmation that something is pd.
It may make selling quicker, but it's not a requirement.
You cannot apply for a Certificate of Lawfulness once development has started anyway.

HurryShadow · 27/02/2023 14:02

To clarify, the rules regarding whether something is permitted development is here - Planning Portal link

What is the reason someone is now saying PP is required?

Original poster

LollyD77 · 27/02/2023 20:57

Thank you all. I have spoken to the council and the architects. Seems the problem springs from changing the roof from pinched to flat (though highest point is the same so we don’t see why is makes a difference). The council have confirmed that it is outside of permitted development and asked for retrospective planning. I have paid for and applied for this and my architect feels very confident that it will be quickly approved based on other passed planning on the portal and other jobs he has done. I have ceased work for the time being. Unfortunately I can’t alter the roof height as the extension links a room on a split level and if I lower to 3 metres the extension roof will be a third down the dining room entrance not leaving enough head height for a door between etc. fingers crossed for me that it all works out soon x

OP posts:

CasperGutman · 27/02/2023 20:58

If the extension is only marginally over the limit of what would have been permitted development (which I'm guessing it is given that the architect made this mistake), then it would seem to make little sense for the council to refuse planning permission, still less take enforcement action.

Why go through all that legal aggro, all the waste of money and materials, all the noise and disruption for the neighbours etc. etc. if you could end up with an extension that's practically the same size anyway?

PaulaPaola · 04/03/2023 22:55

My neighbours built a loft extension under PD and ended up with an argument with the council planners about it being within the PD size constraints - I think they were was pushing it to be honest, but they managed to get it signed off eventually after much correspondence back and forth.

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