What are my PD rights after planning has been granted

[RichyC]

We have planning to extensively renovate our house and was intending to start in Feb. Our external garage was due to be demolished in the planning permission but we have since thought it would be nice to have it as a summer house. We put in for a change of use, as suggested by the planning office, to now be refused the change (No explanation given). 

 

Our architect is now suggesting we could still build it under PD. It satisfies all the criteria and he has checked over the planning conditions on the approval and there is no mention of PD rights being withdrawn. 

 

However it just seems a little strange that we could still have all of our PD rights, even after an extensive build. 

 

Does anyone have any experience with where we might stand. We were intending to use the summer house as temporary lounge whilst the main house is being built so wanted to build this first. The refusal has thrown somewhat of a spanner In the works. 

 

Link to original planning approval https://publicaccess.torbay.gov.uk/view/applicationDetails.do?keyVal=QQ7GWTQIKBL00&activeTab=summary

 

Link to summer house rejection https://publicaccess.torbay.gov.uk/view/applicationDetails.do?keyVal=RI33GOQILNJ00&activeTab=summary

 

[gravelrash]

PD rights are generally removed where the site is contentious i.e. Greenbelt, conservation area and or where the councils are a**e holes. If they are not removed by condition on planning decision then they are still alive...Take it as a win, the PD rights are a great benefit to you.

Edited December 29, 2022 by gravelrash

[joe90]

Well my build was contentious, 4 refusals and won on appeal but my PD rights were not removed. If yours have not been withdrawn then use them 👍

[Temp]

On 29/12/2022 at 18:07, RichyC said:

We put in for a change of use, as suggested by the planning office, to now be refused the change (No explanation given). 

 

They have to give reasons...

 

https://www.planningportal.co.uk/planning/planning-applications/the-decision-making-process/what-to-do-if-your-application-is-refused-or-delayed

Quote

 

What to do if your application is refused or delayed

 

If the authority refuses permission or imposes conditions, it must give written reasons.

 

 

It will be on the decision letter.

[Temp]

On 29/12/2022 at 18:07, RichyC said:

Does anyone have any experience with where we might stand. We were intending to use the summer house as temporary lounge whilst the main house is being built so wanted to build this first. The refusal has thrown somewhat of a spanner In the works. 

 

 Does the existing house have Permitted Development Rights? If so you could probably build it first under PD before implementing the PP you have been granted.

 

However you should take advice from a planning consultant. Ask him to confirm that building a summer house now under PD would still allow the granted PP to be implemented. He might say go for it or suggest getting it all confirmed by submitting an application for a Certificate of lawfulness before you commit.

[kandgmitchell]

I think you will find the explanation for the refusal of the change to the garages in the officer's report on the file. It seems you were seeking to change the description of the planning permission (which included demolition of the garages) using a Section 73 application to change conditions on that permission. That can't be done and the courts have ruled on this. It seems you have fallen foul of administrative rules rather than a dislike of your proposal. If I recall (I looked at the files some days ago) the officer goes on to suggest the route to take to get to where you want to be.

 

Just because you have large extensions approved, your PD rights will not be erased but they may be affected. Often it makes sense to carry out PD projects before implementing an approved scheme. If you don't, then be cautious and read the Permitted Development rules carefully as they often refer to the original dwelling as a baseline for locations and dimensions - not the dwelling as extended. 

[ToughButterCup]

On 29/12/2022 at 18:07, RichyC said:

...

Our architect is now suggesting we could still build it under PD. It satisfies all the criteria and he has checked over the planning conditions on the approval and there is no mention of PD rights being withdrawn. 

...

 

I've just come from a conversation with our planner about exactly this issue.

 

She says that unless PD is explicitly withdrawn, then PD rights remain. Further, PD rights should not be withdrawn without good reason - her comment was something to the effect that Planners are doing so while giving relatively little thought to recent court decisions about the matter. There have been a number of challenges in this area.

 

Be sure to read the PD regulations in context to the building which already exists. (See @Temp above)  My advice would be to spend a few quid on asking a local planner to give you properly qualified advice - just in case there's some silly local wheeze...

 

Do your Due Diligence before selecting a Planner to advise you. 

We are interested (not to say nosey)  amateurs on this discussion board. Not experts.

Edited January 2, 2023 by ToughButterCup