Seeking retention

antiskeptic

Hi there..

I bought a 2up/down about 11 years ago which had a decent sized backgarden to it onto which I soon plonked an extension - largely self-built. I read through the Permitted Development regs at the time and adhered to them ... in the main. One condition ignored was the requirement that 25 sq.mts of garden be retained. The fact that I've but 20 sq.mts leads me to suppose that I'll need to apply for retention should I want to sell. I gather folk are getting a lot more sniffy about ..er.. fine details, than they were during the boom.

In addition to the lack of garden there are (at least) two other issues that might affect things:

- there was no architectural input involved.

- the extension was built over the sewer meaning there's a manhole under the extension floor (with a properly sealed lid and with rodding access from outside the extension).

How do these issues affect a retention application? Is there anything else I should be aware of?

Thanks...

heinbloed

Ad a roof garden.

antiskeptic

heinbloed wrote: »

Ad a roof garden.

Are you kidding or serious?

(if serious, what's the maximum angle you could hope to grow a lawn at )

muffler

heinbloed wrote: »

Ad a roof garden.

Please think before you post. We are talking about unauthorised development here and we can do without people posting suggestions that compound the problem.


antiskeptic get yourself a good reputable architectural technician and be guided by them.

heinbloed

antiskeptic wrote: »

" Are you kidding or serious?

(if serious, what's the maximum angle you could hope to grow a lawn at ) "

I'm serious.
From your short description of the situation - 25m2 of garden must be kept-
there does not seem to be a limitation of the height.
An underground development (under the garden) is not illegal as such. Nor would raised beds be subtracted from the min. demanded garden surface....

All what we know from your post is " the requirement that 25 sq.mts of garden be retained. "

Lawns can be grown and maintained at an angle of 70 degrees. I have seen that myself. But the 25m2 regulation surely doesn't demand a particular plant or type of vegetation to be grown in the garden?

Note that with such a regulation the meassurement of the surface is usually considered to be taken on the horizontal surface. Vertical walls can be gardened as well, but this is propably not covered by the 25m2 requirement.

All you need is an extra 5m2 of vegetation.

But even this can be disputed, a Japanese garden would hold a single 1 foot buxus surounded by stones on 5m2.

Read the conditions layed down yourself and use plain logic. Talk to a lawyer/solicitor. This propably saves you the architect. Then you employ the landscaper.
Check the golden pages, there are professional landscapers who deal with these issues frequently and others who realy only mow lawns and sweep dog foulings.

gman2k

antiskeptic wrote: »

- there was no architectural input involved.

This does not necessarily have to happen, but if you had arch. input originally, you would not now be facing these issues!

antiskeptic wrote: »

- the extension was built over the sewer meaning there's a manhole under the extension floor (with a properly sealed lid and with rodding access from outside the extension).

This may be a considerable problem if the sewer involved is a public drain. In the event it is a public drain in your back garden (a surprisingly common occurrence, then you should have consulted with the local authority's drainage dept for wayleave requirements. The wayleave requirements can be quite onerous, even in small gardens!
You should retain the services of a construction professional who is adept in planning issues, and in dealing with your local authority. It does not have to be an architectural technician - even a lowly architect would suffice!!!!
A ring around a few of your local yellow paged professionals will yield good value results in these recessionary times!




Mod note - please post without disrespecting any profession

.

Mellor

heinbloed wrote: »

Quote:

From your short description of the situation - 25m2 of garden must be kept-
there does not seem to be a limitation of the height.
An underground development (under the garden) is not illegal as such. Nor would raised beds be subtracted from the min. demanded garden surface....

All what we know from your post is " the requirement that 25 sq.mts of garden be retained. "

I'm sorry but please don't post "advice" on a planning matter when you, quite clearly, don't have any planning knowledge.

to clarify some of the huge errors in your post:

1. First of all, it isn't a site specific condition. This is a universal to every residential site in the country.
2. We know a lot more than what is written in his post. The full condition states that the 25m2 be to the rear to the house.
3. I don't know why you mentioned a basement. A basement always requires planning. Completely irrelevant.
4. Raised bed wouldn't increase the area, nor subtract. So, I have no idea how a japanese garden provides an extra 5m2.
5. Furthermore, even if a roof garden could contribute towards the 25m2 (which it doesn't, as it isn't to the rear), it still would be an option as one of the conditions specifically says that a roof garden my not be built.
6. This is a retention planning matter plain and simple. You have suggested, that the OP see a landscaper, a solicitor neither of whom deal with retention applications, and suggested avoiding one of the professions most suited.

OP this is a retention matter. One which is fairly black and white. In terms of what is required.
The issue with the drain is in the hands of the council, once lodged. See a local Architectural Technician or Architect and get scope of works and a quote and select based on those.

FYI; Assuming you are around the 40sq.m limit. The planning fees alone will be 102 euro (this price increases above 41m.sq), plus maps, plus newspaper notice. You are looking at 200-250 euro before a single line is drawn or a form filled out. All in budget to pay 1,500 for the lot.

sinnerboy

1. (a) Where the house has not been extended previously, the floor area of any such extension shall not exceed 40 square metres.
(b) Subject to paragraph (a), where the house is terraced or semi-detached, the floor area of any extension above ground level shall not exceed 12 square metres.
(c) Subject to paragraph (a), where the house is detached, the floor area of any extension above ground level shall not exceed 20 square metres.
2. (a) Where the house has been extended previously, the floor area of any such extension, taken together with the floor area of any previous extension or extensions constructed or erected after 1 October 1964, including those for which planning permission has been obtained, shall not exceed 40 square metres.
(b) Subject to paragraph (a), where the house is terraced or semi-detached and has been extended previously, the floor area of any extension above ground level taken together with the floor area of any previous extension or extensions above ground level constructed or erected after 1 October 1964, including those for which planning permission has been obtained, shall not exceed 12 square metres.
(c) Subject to paragraph (a), where the house is detached and has been extended previously, the floor area of any extension above ground level, taken together with the floor area of any previous extension or extensions above ground level constructed or erected after 1 October 1964, including those for which planning permission has been obtained, shall not exceed 20 square metres.
3. Any above ground floor extension shall be a distance of not less than 2 metres from any party boundary.
4. (a) Where the rear wall of the house does not include a gable, the height of the walls of any such extension shall not exceed the height of the rear wall of the house.
(b) Where the rear wall of the house includes a gable, the height of the walls of any such extension shall not exceed the height of the side walls of the house.
(c) The height of the highest part of the roof of any such extension shall not exceed, in the case of a flat roofed extension, the height of the eaves or parapet, as may be appropriate, or, in any other case, shall not exceed the height of the highest part of the roof of the dwelling.
5. The construction or erection of any such extension to the rear of the house shall not reduce the area of private open space, reserved exclusively for the use of the occupants of the house, to the rear of the house to less than 25 square metres.
6. (a) Any window proposed at ground level in any such extension shall not be less than 1 metre from the boundary it faces.
(b) Any window proposed above ground level in any such extension shall not be less than 11 metres from the boundary it faces.
(c) Where the house is detached and the floor area of the extension above ground level exceeds 12 square metres, any window proposed at above ground level shall not be less than 11 metres from the boundary it faces.
7. The roof of any extension shall not be used as a balcony or roof garden.

antiskeptic

Thanks for the responses folks. I'll do a bit of digging around to see who's a good local person for the job.

king tayto

Just to add to previous notes: I had an meeting with a planner recently and he informed me that exempt extensions do not apply to some recently built housing estates as it can be a condition with the grant. I never heared of this before but it just goes to show that going on your own is potentailly dangerous without the proper advice.

MAParsons

On Mellor's post re costs, don't forget that you may to have to pay contribution fees on the development once granted (anything over the 40m2), if you need to go through the planning process - and the local authorities are trying at every opportunity to get as much fees in as possible at the moment - they are HUNTING for unauthorized development. Contribution fees are different for each authority so check your authorities website.