The Lyde, Bromlow, Shrewsbury, Shropshire.

 

Certificate of Lawfulness Planning Application submitted and approved for the creation of a new family bathroom in the Shropshire Hills Area of Outstanding Natural Beauty.

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Following an initial planning appraisal with the applicants En-Plan drafted a house extension application that was subsequently submitted to and approved by Shropshire County Council for the creation of a new family bathroom as the family were struggling with the existing set up in the historic property.  The issue faced by growing modern families in older properties tends to be one of space and by utilising the permitted development rights afforded to householders by the General Permitted Development Order 1995 (as amended).  Bu utilising these rights you can bypass design judgements that the Local Planning Authority will make as part of any Planning Application and you can keep the project costs down by this course of action.

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In this instance the applicants elected to apply for a Certificate of Lawfulness which acts as a legal judgement for the proposed extension that can be completed under the applicant's permitted development rights as a householder. This application seeks a legal determination under Section 192 or the Town and Country Planning Act 1990 (as amended) that the following alterations to a residential dwelling house would be classed as ‘permitted development’ under the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

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The proposed single storey rear extension relates to the enlargement of a dwelling house and therefore the determination of whether it benefits from permitted development is made in accordance with Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).
Under this order the enlargement, improvement or other alteration of a dwelling house is deemed as permitted development subject to the limitations set out in paragraphs A1, A2 and A3.
 

In response to the criteria under paragraphs A1 (a) – (k) the following applies for the proposed addition under this application:
(a) not applicable;
(b) the total area of ground covered will not exceed 50% of the total area of the curtilage
(c) the height of the dwelling house improved will not exceed the highest part of the roof of the existing dwelling;
(d) the height of the eaves of the dwelling house improved will not exceed theheight of the eaves of the existing dwelling;
(e) the enlarged part of the dwelling house would not extend beyond a wall which form the principal elevation or side elevation fronting a highway;
(f) the enlarged part of the dwelling house would have a single storey and would not extend beyond the rear wall of the original dwelling house by 3m;
(g) the enlarged part of the dwelling house would have a single storey and would not extend beyond the original wall of the dwelling house by 8m or exceed 4m in height;
(h) the enlarged part of the dwelling house would not have more than 1 storey;
(i) the enlarged part the of the dwelling house would not be within 2m of the boundary and the height of the eaves would not exceed 3m;
(j) not applicable;
(k) not applicable.
6.3 In response to the criteria under paragraphs A2 (a) – (c) the following applies for the proposed addition under this application due to the application site being on
article 2(3) land:
(a) it would not consist of or include the cladding of any part of the exterior of the dwelling house with stone, artificial stone, pebble dash, render , timber, plastic or tiles. In this instance it is proposed that the rear extension has a painted brickwork finish to match the existing dwelling.
(b) not applicable
(c) not applicable
 

In response to the criteria under paragraphs A3 (a) – (c) the following applies for the proposed addition under this application:
(a) the materials proposed would be of a similar appearance to the existing dwelling;
(b) not applicable;
(c) not applicable.

The proposal is 'permitted development' under Schedule 2, Part 1 Class A of the GPDO. The proposed development is deemed lawful and express planning permission is therefore not required in this instance.

 

This Certificate of Lawfulness gives the applicant the certainty that the proposed extension can go ahead without any worries over any Planning Enforcement  issues that may arise.  The Certificate can also be used as a de-facto planning approval when the owners look to sell the property and be provided to the buyers solicitors to ensure they are happy that the development is lawful. This along with A Building Regulations Completion Certificate will ensure a smooth sale and avoid the need of costly indemnity policies and the time delay that these cause.

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If you would like to find out more about how our Planning Consultancy and Architectural Design Services can work in perfect sync to achieve a successful outcome in the planning system please contact us and we will be only too happy to talk through any questions or development proposals you may have.

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