Can I make an application to extend an unfinished house

[AliG]

Hi,

 

So while we await planning on my parents' house I am thinking of contingency plans as the existing permission will eventually run out.

 

The site is approx 800m2 and has permission at the moment for a house only covering an area of 88m2.

 

It looks a bit vague on the site plans but basically the owner only applied for half the plot and I think they hoped to build and then try and get planning for another similar house. They had the site marked and then an area of "garden ground owned by current owner" fenced off.

 

If our current application drags on we will do work to start and lock in the existing permission. This will put the wind up the neighbours which I will enjoy.

 

Eventually we have to do something as my parents want to move and aren't getting any younger.

 

As a backup plan looking at the approved plans, I think we could add another 25m2 to the ground floor giving them the downstairs bedroom they desire.

 

My belief is that once we have started building and neighbours see that they cannot stop it, no one will care about adding a ground floor extension, but ideally this would go along with some changes to the existing permitted house, window positions mainly.

 

So can we make a start on foundations etc and then put in an application to extend or would it be considered a totally new application.

 

The alternative is that we build a shell that is not finished on the inside and then apply to extend it. I assume that from a planning perspective if it looks finished outside, this is all that will matter.

 

This is by no means my preferred plan but it is good to plan ahead and think of alternatives.

[Temp]

Regarding the existing PP for an 88sqm house.. 

 

Does it have a condition removing Permitted Development Rights (PDR)? You might not even need PP to add  a 25sqm extension to an 88sqm house. Depends on the details. However a house doesn't acquire  PDR until it's finished so officially you should build the house, then extend it which had implications for the VAT reclaim.

 

You can't apply to extend what hasn't been built yet either. However you could make a new application for an identical house with the extension. Sometimes the planners like parts of a house to look like an extension even when it isn't. A massive house near us looks like a house that was extended about 4 times but in reality it was built all at once.

 

In short.. it would be possible to start the foundations of the existing PP to extend its life indefinitely, then apply for a new house that uses the existing foundations and an "extension". If that was refused you could finish the approved house and might be able to build an extension under PDR.

Edited January 25, 2020 by Temp

[AliG]

I should have said it is a conservation area so no PD rights in Scotland.

[MintSprint]

In respect of both your original question and Temp's response, a 'dwelling' does not become a dwelling, in Planning Law, until it is occupied as such.

 

Technically therefore:

a) It has no permitted development rights until it is occupied and;

b) It does not benefit from the 'householder' planning application fee until it is occupied.

... although in some cases, the LPA may either turn a blind eye or not recognise the distinction themselves.

 

The proper way to deal with it, however, would be as a Section 73 'Material Minor Amendment' to the originally approved design.

[Randomiser]

On 19/03/2020 at 08:48, MintSprint said:

In respect of both your original question and Temp's response, a 'dwelling' does not become a dwelling, in Planning Law, until it is occupied as such.

 

Technically therefore:

a) It has no permitted development rights until it is occupied and;

b) It does not benefit from the 'householder' planning application fee until it is occupied.

... although in some cases, the LPA may either turn a blind eye or not recognise the distinction themselves.

 

The proper way to deal with it, however, would be as a Section 73 'Material Minor Amendment' to the originally approved design.

If you make a Section 73 application would that result in an amendment to the CIL?

[Temp]

Don't think the CIL has been introduced in Scotland (yet) but in England yes it would.

 

There could also be a problem with the self build exemption. For example if you rushed to start building (in order to preserve a grant beyond its 3 year limit) and then at a later date applied for an increase in area under Section 73 - there would be a problem because works had already started. I've no idea if you would become liable for the CIL on the lot of just the increase in area.