Planning Required?

martinn123

Guy's

visited a house yesterday, client is a tennant of the Local Auth.
She wants a sunroom added, and produced a plan, as designed by a Surveyor, ok so far

She then produced a letter from the Local Auth giving permission to her as tennant, building the Sunroom.

Now its obvious that it does not comply as exempt, as there is very little garden left after the build, about 10SqM I guess, it a mid terrace house, very small.

So my question is as permission exists from the Local Auth as owners of the property to proceed, do I have any worries.

Thanks for any input

sinnerboy

Even if the owner is the Local Authority , they cannot exceed the limitations of the Exempt Development provisions.

martinn123

So the Local Auth. as owner, has to apply to the Local Auth for Planning Permission???

Sounds a nightmare, think I will pass on this one.

sinnerboy

Well the tenant could apply with the "owners permission" letter .

Poor Uncle Tom

martinn123 wrote: »

Guy's

visited a house yesterday, client is a tennant of the Local Auth.
She wants a sunroom added, and produced a plan, as designed by a Surveyor, ok so far

She then produced a letter from the Local Auth giving permission to her as tennant, building the Sunroom.

Now its obvious that it does not comply as exempt, as there is very little garden left after the build, about 10SqM I guess, it a mid terrace house, very small.

So my question is as permission exists from the Local Auth as owners of the property to proceed, do I have any worries.

Thanks for any input

Usually planning permission is not required when the LA are extending a house, or where a house is being extended on behalf of the LA, under Section 4.1(f) of Part 1 of the Planning and Development Act 2000.

In this case I don't know the full ins and outs so I can't call it but I would be interested in seeing the wording of the LA's letter.

BryanF

martinn123 wrote: »

So my question is as permission exists from the Local Auth as owners of the property to proceed, do I have any worries.

Martain, as I see it, you are in no way liable to quote and move forward with job. If anything your in a good position, as your now aware that at the very least, the council should clarify their position - so just word that on your quote. Best of luck with it.

muffler

In my experience tenants of LA houses who intend to carry out works to the house must first of all get written consent from the LA's Housing Dept. This written consent is normally qualified with conditions that the consent is given only for exempted development or alternatively is subject to the grant of planning permission for the works.

sydthebeat

martin, as contractor you can simply have a clause entered in your contract that all letters of permissions, exempt or otherwise, are obtained prior to commencement and and halt in work to remedy same shall be penalised by payment of "x" per week for the halted duration.

as bryanf states, you can go ahead in good faith with the quotation

DOCARCH

Did you read to letter Martin or just see it? I'd agree with what Muffler says above, there is or should be a caveat in the letter.

Just one thing for builders, in general, to bear in mind is that if you build something that needs planning permission, and planning permission has not been obtained, this is obvioulsy illegal. While this is the house/property owners problem, builders should bear in mind that any contract they might have bewteen them and the house/property owner may be null and void - something to bear in mind.

martinn123

Poor Uncle Tom wrote: »

Usually planning permission is not required when the LA are extending a house, or where a house is being extended on behalf of the LA, under Section 4.1(f) of Part 1 of the Planning and Development Act 2000.

In this case I don't know the full ins and outs so I can't call it but I would be interested in seeing the wording of the LA's letter.

PM sent

thanks for input.

Mellor

I would imagine, as others have suggested, that the letter is related to exempt development. If the tenant wishes to build works that planning would be required for, then she must seek PP, using the letter and evidence of permission from the owners.