Planning Compliance reduced floor area

D

Designjet

Registered User
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Hi Guys,

So a technical question regarding an opinion on compliance.

A 2 storey house is built in a typical urban housing estate, the house is typical construction with a kitchen lean too at ground floor level to the rear. The house is built on exactly the footprint as permitted but the lean too is omitted to save costs. "COMPLIANCE BY WAY OF REDUCTION OF FLOOR AREA"

I'm of the opinion that it is perfectly fine, the omitted floor area is to the rear, the front elevation is built as permitted, height etc.

Can you advise

DJ
 
Are you asking if what you consider as a lean too kitchen extension can be exempted from compliance with planning regulations because it is to the rear? If so then the answer is no, it must comply.

A cert of compliance will deal with the entire dwelling, you can't ask that they ignore some of it.
 
Hi Leo.

what I'm asking is, can the house be certified as substantially complaint with the planning permission without the lean too kitchen portion of the footprint.

Basically the house has been made smaller by omitting the lean too element of the design.

A similar situation would be if a bungalow was built and a sunroom was left off due to cost. happens a lot.

DJ
 
Ah, usually people try to sneak more in rather than omit elements. :)

Your engineer should be able to confirm based on the details of planning granted and the nature of the change on the ground. But it's certainly a lot more likely than if you were trying to add to what was granted, providing the structure still complies with all relevant building regs.
 
The problems here, is condition number 1 of the granted permission.
The development should be constructed in accordance with the submitted plans and particulars etc....

That piece of floor area may of had an effect on the overall numbers to comply with minimum room requirements.

The only clean way to regular use is to apply for retention to retain what was actually built.

Or, apply for a section 5 asking of the removal of the lean too would require a planning application.
 
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