
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.
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.
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).
The application site is detached property sited to the South-Eastern peripheries of the village of Bromlow. The property, which is painted brick, is accessed via a private access road which protrudes from the C-classified highway which travels South- Easterly towards Hemford. In addition, the dwelling is within the Shropshire Hills Area of Outstanding Natural Beauty and is deemed as being on article 2 (3) land.
The proposed lawful development application for a single storey rear extension relates to the enlargement of a dwelling house and therefore the determination of whether it benefits from permitted development was 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 A3 (a) – (c) the materials proposed would need to be of a similar appearance to the existing dwelling due to te positio fo the property in an Area of Outstanding Natural Beauty and follows the government guidance for permitted development rights for householders.
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. We have also assited the owners with application 19/03295/FUL Change of use of existing garage to holiday let.
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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