Where a condition restricts Exempted Development.

Poor Uncle Tom

This has been taken from another thread where it wasn't completely on-topic, it can however be discussed here.

Regarding Exempted Development and an estate where there is a condition on the planning permission restricting it.

How would you go about checking this, say on an estate 10 yrs old where the
original builders are probably gone, and where the Solicitors acting for the purchaser, perhaps are acting for Second or Third owners of the home from its original build.

The Local Authority records are on line, but not going back too far, so for an extension, or a porch, where would you start to look, and in reality what are the implications, of not looking or not finding evidence of such a restricting condition.

My question is based on the last few Certs of Compliance, I have seen issued for work done.

So before any work is done who checks the original planning for this, the Home owner, the Contractor or the Guy issuing the Cert.

Poor Uncle Tom

As I see it there are a few issues at play here:

The original house would/should have a Certificate (Opinion) of Compliance with Planning Permission, which would indicate that there was not any unauthorised development on the property as of the date of signing thereof.

Each time the house changed hands this would/should have come under scrutiny by the [Architect/Arch Tech/Engineer/Building Surveyor (professional)] for the purchasers.

If a contractor is asked onto a property to construct an extension which turns out to need planning permission but is only found out after the structure is built, this falls back on the person who got the works carried out.

If, on the other hand, a new owner finds that an extension previously carried out needed planning permission but did not get any, then the professionals who acted for the new owner during the purchase have serious questions to answer.

sydthebeat

The person who "patrons" the project is always ultimately responsible, unless a separate person is specifically remunerated to take on the responsibility.

in the case where a planning condition of an estate prohibits 'exempted development', if someone certifies exemption but is incorrect, then of course that person is responsible to make things right.

It should be said that this "estate exempted dev" condition is a relatively new phenomenon. I havent seen one older than say 6-7 years. It is mostly applied where the separation spaces between units are tight (maybe below development plan standards) and / or there is overlooking risks due to topography etc. in some cases i have seen this condition written as "no exempted development shall be permitted unless prior agree in writing with the local authority".. that sort of covers all angles.

martinn123

Thanks PUT.
As a Contractor, where a householder seeks general advice regarding Planning, I am confident enough to offer an opinion on the proposed project, i.e under 40 SqM, remaining garden 25 SqM, height, boundary , etc.

In many cases if the extention/Conservatory/Sunroom, is relatively simple, and funds are tight, a Cert Of Compliance on completion should suffice.
Now I accept that will offend all the contributors here who are Arch/Tech/EnG. etc, but thats the reality, in my experience, of 20 yrs

I read in another thread, and others previously, that restrictions may apply on the Original Planning Permission for say an estate, to any Extention,or indeed a Porch.

So my question is, in Issuing Cert of Compliance/Building Reg's, who should check if such a condition is in existance.

As a Contractor it would be onerous to check on every Job, but if required, so be it,
as a homeowner, they may not be aware,

as a Certifyer, being paid a Fee, should they check this detail before issuing Cert

sydthebeat

martinn123 wrote: »

Thanks PUT.
As a Contractor, where a householder seeks general advice regarding Planning, I am confident enough to offer an opinion on the proposed project, i.e under 40 SqM, remaining garden 25 SqM, height, boundary , etc.

In many cases if the extention/Conservatory/Sunroom, is relatively simple, and funds are tight, a Cert Of Compliance on completion should suffice.
Now I accept that will offend all the contributors here who are Arch/Tech/EnG. etc, but thats the reality, in my experience, of 20 yrs

I read in another thread, and others previously, that restrictions may apply on the Original Planning Permission for say an estate, to any Extention,or indeed a Porch.

So my question is, in Issuing Cert of Compliance/Building Reg's, who should check if such a condition is in existance.

As a Contractor it would be onerous to check on every Job, but if required, so be it,
as a homeowner, they may not be aware,

as a Certifyer, being paid a Fee, should they check this detail before issuing Cert

i just answered this specifically above... and PUT has also outlined the scenario where the offending works exist.

and in all due respect your opinion doesnt have any substance... as you ultimately have NO responsibility when it comes to the legality of the project. It like me telling my brother his tyres look a little worn.....

martinn123

Yea, sometimes we are all typing at the same time

thanks

martinn123

sydthebeat wrote: »

The person who "patrons" the project is always ultimately responsible, unless a separate person is specifically remunerated to take on the responsibility.

in the case where a planning condition of an estate prohibits 'exempted development', if someone certifies exemption but is incorrect, then of course that person is responsible to make things right.

Thank you,
by this I assume you mean

martinn123 wrote:

So my question is, in Issuing Cert of Compliance/Building Reg's, who should check if such a condition is in existance.


as a Certifyer, being paid a Fee, should they check this detail before issuing

The answer is the person issuing the Cert.

Poor Uncle Tom

martinn123 wrote: »

So my question is, in Issuing Cert of Compliance/Building Reg's, who should check if such a condition is in existance.

This is where you need far more knowledge in certification.

Strictly, the answer to your question is nobody need check any conditions of planning permission if they are only certifying Building Regulations.

However, whoever is certifying Planning Permission should satisfy themselves with compliance with all the conditions of the permission.

sinnerboy

One also need to be aware that in the case of a protected structure or conservation area that exemptions will not apply either.