planning permission - exempted items

Superman said:
I think it would depend on the timing. If it could be viewed as part of a "single transaction" (i.e. a single building project) I could see it being regarded as a 2 storey extension.
If it is done after the first part is complete with a clear break, then it is merely an internal alteration.
Click to expand...

If the 1st floor extension is done after the envelope of the ground floor extension is completed, it *may* then become an internal alteration subject to Section 4 (1) (h) of the Planning and Development Act 2000.
One limiting factor would be the sightlines towards other properties - a window to 1st floor extension has to maintain 11.0M to a boundary IIRC - so careful consideration of windows, light and amenity would play a factor in its exempted status.

The other factor is the area limits imposed on the different types of houses for 1st floor exemption (Total 40sq.m. with up to 20sq.m. of that at 1st if its detached and 12sq.m. if its terraced or semi-D).
As has been noted, its a very gray area, but given the situation many are in, unable to sell or trade up but looking for a way of increasing area, raising it here might be bear fruit for others.

I wouldn't advise that anyone should be cocky about it - personally I'd discuss it fully with the Planning Officer before I carried out the works.
The last thing you would want is a planner who might be brought around with logical argument taking precipitous action.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.
 
Last edited:
onq said:
Section 4 (1) (h) of the Planning and Development Act 2000.
Click to expand...

That's fine for attic conversions.

I just think if you used this as the basis to add an 'above ground' extension, aside from any technical agruments you might have, the planning authority, in my opinion, would take a very dim view of this as a contrived attempt to circumvent the planning process.

Again, my opinion.

If I was a planner and somebody came to me with proposal/argument along those lines, I'd have one opinion in my head....chancer!
 
I have seen it used to introduce an intermediate floor in a building and my understanding of the follow is that that there was nothing the planners could do.

Long time ago and matters may have tightened up since then, but I think Section S.4 (1)(h) covers a multitude that we don't know about yet.

I've edited my post - "Section 4 (1) (J)" should have read "Section 4 (1) (h)" - you might want to edit my quotation in your post. :eek:


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.
 
You must log in or register to reply here.
Back
Top