Clayton Posted June 28, 2022 Share Posted June 28, 2022 Our building is a block of flats in a conservation area, we all own share of freehold and self-manage the building. 7 years ago we removed a small side chimney stack above the roof line only, as it was letting in water. It was just a small stump, the original having been reduced at some unknown point in history. Flats have been bought and sold since then, but the last time a flat was sold the seller mentioned the chimney to his solicitor and queries were made. Turns out in a conservation area you need permission to remove a chimney stack (even if only above the roofline). The buyer bought the flat anyway as we said we'd deal with it in future. Is there any way we could avoid having to apply for planning permission or do we have no choice? We suggested to the new owner that if it's never mentioned again, nobody would really care, but she's nervous of it coming up again if she ever sold her flat. I don't see how it could if she used a different solicitor for example. The chimney was just a side one, not the main central one. Other buildings the same as ours in the area have also had their side chimneys removed. We're happy to apply if totally necessary, but I just wanted to know if I'm missing a simple way to avoid it. Many thanks Clayton Link to comment Share on other sites More sharing options...
Mr Punter Posted June 28, 2022 Share Posted June 28, 2022 You can get an insurance policy for this but I would not bother. Link to comment Share on other sites More sharing options...
ToughButterCup Posted June 28, 2022 Share Posted June 28, 2022 Welcome. It simple: just do it. Link to comment Share on other sites More sharing options...
Temp Posted June 28, 2022 Share Posted June 28, 2022 How long ago was it removed? If more than 4 (10?) years ago you might be able to apply for a Certificate of Lawful Development on the grounds that it's too late to take enforcement action. Unfortunately I think the fee for a certificate is similar to that for a planning application but unlike a planning application, if you meet the rules, they can't refuse one. With a planning application they could refuse permission and decide to make you reinstate the chimney. For example if they think its loss is detrimental to the appearance of the house or wider area. If its a listed building there is other legislation that you might need to comply with. Link to comment Share on other sites More sharing options...
Clayton Posted June 28, 2022 Author Share Posted June 28, 2022 3 hours ago, Temp said: How long ago was it removed? If more than 4 (10?) years ago you might be able to apply for a Certificate of Lawful Development on the grounds that it's too late to take enforcement action. Unfortunately I think the fee for a certificate is similar to that for a planning application but unlike a planning application, if you meet the rules, they can't refuse one. With a planning application they could refuse permission and decide to make you reinstate the chimney. For example if they think its loss is detrimental to the appearance of the house or wider area. If its a listed building there is other legislation that you might need to comply with. Thanks It was 7 years ago Link to comment Share on other sites More sharing options...
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