planning permission/retention clause

frog74

Hi all,

I am in the process of selling my house and needed a cert of opinion of compliance for a single story 12x12ft rear extension. Last night an engineer (from a well known reputable company) inspected the extension and said everything was fine and could see no problem with with the structure and would issue a certificate of compliance and post it to me asap.

However this morning he rang and said that he could not issue the cert as the original developer had inserted a clause which means we should have had planning permission for the extension despite it being within normal planning laws. He advised us to seek planning retention.

Has anyone ever heard of this clause ? I asked a family member in the building trade and he has never heard of it before.

Any advice please.

Thanks

kieran.

Sounds like a planning condition in the original permission forbidding any extension even within the exemption limits.

DOCARCH

frog74 wrote: »

Has anyone ever heard of this clause?

It is quite common for this clause to be included in planning permissions for housing estates built in the last 10 to 15 years.

If that clause is in the original planning permission, then, yes, you do need to apply for retention permission for the extension.

frog74

Thanks. ever heard of retention being refused because of this?

Gumbo

frog74 wrote: »

Thanks. ever heard of retention being refused because of this?

I you should get retention/planning once it's not over bearing.
But basically the parent planning application de-exempts the exemptions.

Large sites out in clongriffin are one example of this.

Angry bird

Yes probably because of such a condition, I've never cared for them myself.

DOCARCH

frog74 wrote: »

Thanks. ever heard of retention being refused because of this?

If you extension, under normal circumstances, would be exempt, then I see no reason why you would not be granted retention permission.

BryanF

frog74 wrote: »

Thanks. ever heard of retention being refused because of this?

How much m2 open space is remaining
How many m2 is the extension
Single storey?
Distance from rear boundary?

Did the eng not offer an opinion over the phone whether retention would be granted ?

EmmetF

DOCARCH wrote: »

It is quite common for this clause to be included in planning permissions for housing estates built in the last 10 to 15 years.

If that clause is in the original planning permission, then, yes, you do need to apply for retention permission for the extension.

I always wondered if this is legal? A local authority stripping you of your planning and development rights. Has it ever been challenged at the High Court? I wouldn't be surprised if the High Court has already deemed this illegal but with local authorities still including this condition.

Gumbo

EmmetF wrote: »

I always wondered if this is legal? A local authority stripping you of your planning and development rights. Has it ever been challenged at the High Court? I wouldn't be surprised if the High Court has already deemed this illegal but with local authorities still including this condition.

Because the original development was built to the limits with regards density etc
I don't think it's illegal to add this condition to larger schemes that have already max'd out the zoning densities.

chippers

EmmetF wrote: »

I always wondered if this is legal? A local authority stripping you of your planning and development rights. Has it ever been challenged at the High Court? I wouldn't be surprised if the High Court has already deemed this illegal but with local authorities still including this condition.

Its not illegal and is specifically referred to in legislation. A number of Local Authority's restrict exemption rights by way of condition. Commercial devt will often have elements of exempted development rights removed by condition