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Planning Consent, Permitted Development and Extensions


Randomiser

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Hi All

 

My first post, so please be gentle.

 

We are close to exchanging contracts on a site with detailed consent already in place.  One of the positives about the site is that the consent was granted before the local authority had its CIL in place, there is also no s.106.  Now we are having a bit of a wobble as we think that a couple of the bedrooms may be a bit small.  But, if we go back and try to get consent for a slightly larger footprint the new consent will have a CIL attached to it.  We think if we do that we are in effect paying twice, as the price we are paying for the site includes some premium for the fact there is no CIL or s.106.

 

I had thought to myself that one option would be to make the house a little bigger under Permitted Development, we only want to push the rear wall back by somewhere around 1 to 2 metres.  But having read a recent thread here I now understand that those Permitted Development rights will not come into existence until the house is complete.  This does not really help as clearly we do not want to build the house as approved and then immediately afterwards knock the back of it down and extend by 2 metres, that would be a silly idea from a timetable and budget perspective.

 

I am now wondering whether it is possible to apply for an extension to the house before it is built and then effectively build this at the same time as the house as approved.  Or is this like Permitted Development and you are not able to extend something that is not yet built?

 

If it is possible to apply for an extension now there is logical discussion to be had with the planning department, given that if it is not apprived it can be built under Permitted Development anyway (the consent did not remove the Permitted Development rights).  Maybe the planners rely on the extra cost and time to enlarge under Permitted Development immediately after a new house is built to stop this happening.  But then in most cases a new application could be made, as there would already be a CIL in place and so the incremental cost would not be that great.

 

I would be interested in any thoughts that others have on this topic.

 

Thanks,

Randomiser.

 

 

 

 

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5 minutes ago, Randomiser said:

[...]

If it is possible to apply for an extension now there is logical discussion to be had with the planning department, given that if it is not apprived it can be built under Permitted Development anyway (the consent did not remove the Permitted Development rights).

[...]

 

Is the question:  can we build under PD rights? If so, the answer is highly likely to be yes. Provided you follow the guidelines.

Here is chapter and verse.

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Welcome

 

ignore the CIL..! If you are building for your own use, and you follow the process to the letter, then self builders are exempt from paying. 

 

Just be careful though that you don’t time out the original permission whilst waiting to get permission for the new build. 

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22 minutes ago, recoveringacademic said:

 

Is the question:  can we build under PD rights? If so, the answer is highly likely to be yes. Provided you follow the guidelines.

Here is chapter and verse.

Thanks for that, I have been through that guidance and I am certain what we would want to do is within the scope of Permitted Develeopment.  But from what I have read on this forum those Permitted Developmet rights do not exist until the house is built.

 

So, at this stage the initial simple question is - can an application for an extension to a house be made before a house has been built?

 

Randomiser.

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Welcome to BuildHub. As @PeterW says you can apply for an exemption from CIL as a self builder but it is important that you do so by the letter and before you start ANYTHING to do with the build. You also have to live in the house for 3 years post completion generally or the LA can claw it back. 

 

 

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If I can avoid any CIL liability I would like to do that.  There is some talk of my employer moving the department I work in to another area, nothing like certainty so I can't let the rumours rule my life but would hate to have to move in less than 3 years and trigger a CIL claw back.

 

What I find a bit odd is that I would have thought it would be a simple question to answer with a google search, but so far I can not find anything on whether you can apply to extend a house before it is actually built.

 

VAT is a good point and I will look in to that further.

 

Randomiser.

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19 minutes ago, Randomiser said:

What I find a bit odd is that I would have thought it would be a simple question to answer with a google search, but so far I can not find anything on whether you can apply to extend a house before it is actually built.

 

I imagine it’s because most councils expect you to apply for a new PP to do so. We tried to do it without, the council wouldn’t allow it, my husband did it anyway ?, and I ended up with months of hassle and hell with a stand off between the council and the structural engineer. The council wouldn’t issue the completion certificate due to the existence of the extension. I did get it in the end but I wouldn’t advise you to do it unless completely agreed. 

 

I’m in Scotland so the process is slightly different. 

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