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Housing - New Build: Can I use permitted development rights to enlarge a new house (that has planning) prior to building

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  1.  
    Hi All

    Got an question here I can't find an answer for so hoping you can help.

    After 24 months of fighting we finally have permission to build in our large back garden. Initial plans rejected by committee despite planning department support. We took to appeal and lost.

    Plan B was to get certificate of lawful planning for a double garage with office and playroom in back garden, after that was given us us we applied for permission to build 2 bed bungalow of exact same size and design with only difference that garage doors become bi-fold doors and a front door.

    Council again refused saying that although 2 buildings the same size and design there would be a substantial difference in how they looked between being an out building and being a dwelling. We appealed again and this time won and also won costs due to the council not bothering to explain why they would be different.

    Would like to widen the build by 1-2m (currently it 9.7m wide) and know I could do this under class A using my permitted development rights.

    My question is can I apply for another certification for lawful planning before I start the build so I can build the wider building, or do I have to start (or finish) the build before I can use those PD rights as they are for an extension?

    Thanks
  2.  
    You have to build first and technically the house has to be lived in for the use as a dwelling house to commence, before PD rights can be utilised. Are you sure you have PD rights intact for this house? Were they not removed by a condition of the planning permission?
  3.  
    No condition removing the PD on the appeal decision granting planning permission.

    Are you able to direct me to where it says you have to build first and then live in it for the use as a dwelling house to commence.

    I didn't build the garage but I still got a Lawful Development Certificate Proposed. Which said that if I DID build it I wouldn't need PP.

    I think that they are split into Lawful Development Certificate Proposed for what you might do and
    Lawful Development Certificate Existing for what you have done.

    So wondering can I apply for a Lawful Development Certificate Proposed before I build.
  4.  
    You may as well apply it will only be half the cost of a householder planning application. That would be cheaper than me looking into it for you. :wink:
  5.  
    I just thought I'd check if anyone knew with out researching it. I've done that but haven't got a clear answer, so I suppose what you are suggesting is one way of doing it...

    Make them work for their £75....

    :bigsmile:
  6.  
  7.  
    Dominic

    Thanks brilliant - thanks
  8.  
    The wonders of Internet search engines!

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