Proving the existence of...

[harry_angel]

@IanR Thanks.

 

This has been a great learning process.

 

My main takeaway, as above, has been: neuter them.

 

Don't defend their arguments with arguments of your own, which they can then poke holes in and force you to go to appeal, on a whim.

 

Whenever possible, cut off their entire supply at the source.

[harry_angel]

On 07/06/2021 at 18:10, Temp said:

I must be missing something..

 

You have PP for a building that is tall enough so this change would be entirely internal right?

There are no planning conditions that preclude adding a mezzanine in the PP? 

 

In which case I don't think adding a mezzanine after completion is even counted as development...

 

https://www.gov.uk/guidance/when-is-permission-required#:~:text=The categories of work that,more than 200 square metres)

 

 

If the planning officer won't allow the PP to be changed I suggest you point out you could apply for a 'Lawful Development Certificate' (LDC) for a mezzanine added after completion on the grounds that it is not development as defined by section 55(2) of the Town and Country Planning Act 1990.  That might be enough to make him change his mind and allow the PP to be changed. If not then go for the certificate.

 

The downside is the fee for a LDC might be more than the fee for amending the PP (if any).

The upside is that applications for a 'Lawful Development Certificate' (LDC) are considered on the law and aren't subjective like planning applications.

 

 

 

Hi @Temp and @IanR - I've just got off the phone with a less than useless planning consultant and this may be the rub.

 

Does the clause @Temp refers to above apply to DWELLINGS or to DWELLINGS and OUTBUILDINGS?

 

 

[IanR]

I'm not exactly clear on what you are asking.

 

Are you asking whether adding a mezzanine to an existing building, that involves only internal works, would not fall within the definition of development (as defined by section 55(2) of the Town and Country Planning Act 1990), whether it's a dwelling or an out building?

 

If that's your question, then yes. (caveat, I'm assuming your outbuilding has a lawful use as residential)

 

Even if its current Use Class is not Residential it will still be lawful, as long as the inclusion of the mezzanine does not stop the building from functioning in its lawful Use Class.

Edited June 9, 2021 by IanR

[harry_angel]

@IanR sorry, I should have been crystal clear.

 

• building's current use class is as a "home gym and office". Previously it was part office and part barn/store/garage.

So, yes, the question is - does adding a mezzanine to a building that does not have a residential use class count as development?

[IanR]

8 minutes ago, harry_angel said:

@IanR sorry, I should have been crystal clear.

 

• building's current use class is as a "home gym and office". Previously it was part office and part barn/store/garage.

So, yes, the question is - does adding a mezzanine to a building that does not have a residential use class count as development?

Its Use is therefore "Incidental to Residential", so adding a mezzanine that makes no change to the exterior of the building, would not fall within the definition of development, so would not require planning permission. 

Edited to add:

Ref:  https://www.gov.uk/guidance/when-is-permission-required

 

Scroll down to   "The categories of work that do not amount to ‘development’ "  under the heading   "What is development?"

Edited June 9, 2021 by IanR

[Temp]

2 hours ago, harry_angel said:

@IanR sorry, I should have been crystal clear.

 

• building's current use class is as a "home gym and office". Previously it was part office and part barn/store/garage.

So, yes, the question is - does adding a mezzanine to a building that does not have a residential use class count as development?

 

Not sure if this is the latest version but unlikely to have changed..

 

https://www.legislation.gov.uk/ukpga/1990/8/section/55

 

Section 55(2) says...

(2)The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

(a)the carrying out for the maintenance, improvement or other alteration of any building of works which—

    (i)affect only the interior of the building, or

    (ii)do not materially affect the external appearance of the building,

and are not works for making good war damage or works begun after 5th December 1968 for the alteration of a building by providing additional space in it underground;

 

 

 

[harry_angel]

Cheers @Temp, yes we went through that Section 55 yesterday.

 

So this case is closed for anyone interested: residential use class or no residential use class, internal changes which do not "materially affect" the external appearance of the building or outbuilding do not count as 'development' and you do not need permission from your LPA to action them.