Use up permitted development and then apply for planning permission for replacement dwelling?

[NickyL]

This is about an old farmhouse.  It's 140 sq metres (about 10.5m x 6.5m) and sits on a plot of about 2 acres.  It's outside of the village settlement boundary but not in a Green Belt or similar area.  The local council have a policy that replacement homes cannot be more than 30% bigger than the existing home. 

 

So, 30% more than 140 sq m is 182 sq m, and we really want to build a home rather bigger than that.

 

I read an old thread here from a number of years ago where somebody said that they had used permitted development rights to extend their bungalow and then got planning permission based on the size of the existing extended property.

 

Does that work?  I know that every council will be different but is this a viable way to go?  I have two questions:-

 

1)  If we build extensions to the sides and rear to bring the total size up to what we need it to be, is that all we have to do in order to use that new size as the "existing home" that is used as the basis for the 30% larger new home?

 

2) I read elsewhere that you actually have to build these extensions.  So, does a conservatory (or even one on each of the three sides of the house) count as part of the size of the house when they are calculating it or do I actually have to put up something with walls?  I'm guessing that it would be a lot cheaper to just get the cheapest conservatory out there rather than putting up any other sort of external wall.  I would want to spend the least possible as the plan is to knock the whole thing down anyway and replace it with a larger home.

 

Does anyone have any thoughts on this?

[Dave Jones]

you don't have to actually build the extension to get the planning benefit, the council knows your PD rights. 

 

Go for what you actually want first. Get a planning specialist (not an architect) to do the application as they will make it appeal ready should it be needed. Appeals are free and give you 2 bites of the cake.

 

Fallback is your current PD rights so nothing at all to lose.

[FarmerN]

We had a similar situation, all we did was draw up plans stretching permitted development rules to the limit, but still not an unrealistic plan. Then drew up plans for a complete new build of the same floor area and argued that it would be a so much more energy efficient, better looking , long term development etc etc.

We got planning for the new build, but with every possible condition slapped on. Tree protection, bat tiles in new build, car charger, bird boxes and planting native hedging. I guess every council is different in it’s approach.

You say it’s an old farm house of 140 sq m , which makes me wonder about an Agricultural restriction.  If property has an Agricultural Restriction on it I guess council will be even harder.

Look at the trees before any planners come near and get rid of any that are in  the way, that you dont want, protection of tree roots during build really is a pain . We have a 60 year old oak causing us problems. I plannted the retched thing and now they are telling me what to do with it!

 Good luck.

[Russell griffiths]

We did exactly this

Put the plans in for a large replacement dwelling, had a meeting, they told us it was too big, we pointed out it was only 20m larger than what we could build under permitted development, they told us to put all this in a set of drawings to them. 
it passed a couple of weeks later. 
we went from 60m roughly to 220m as detached in own ground so could have side and rear and front and a loft conversion all under permitted development. 

[Tetrarch]

Our experience:

 

PP for extension - Refusal (size)

Change, reapply - Refusal

Appeal

....

....

wait a whole year

Refusal

Apply for maximal PD - Approved

Reapply for smaller than PD "less impactful" - Approved

 

Original application +28 sq m

Final approval +30sq m

 

Stupid system

 

Regards

 

Tet

 

[DevilDamo]

Most LPA’s would expect as a minimum for you to submit a LDC application, which confirms what you can do via PD. You then go back into Planning with a Full application cross referencing to the PD fallback position.

 

Are there any other site restrictions that could limit your PD proposals?