Our client in this case obtained planning permission for a two-storey rear extension, together with a Certificate of Lawfulness for a hip-to-gable roof extension and rear dormer.
He then built both extensions, implementing both approvals.
What he did not realise is that it is not generally possible to build partly under a planning permission and partly under permitted development rights where the two extensions come into physical contact. Once they do, the development needs to be assessed as a whole under a single planning permission.
People do this all the time and never encounter any problems. The difficulty only arises if the council becomes aware of it, usually following a complaint from a neighbour.
The client approached us after being warned of enforcement action by Lambeth Council. Lambeth is well known for taking a strict approach to roof extensions, and we were conscious from the outset that this would not be straightforward.
We arranged for a full set of ‘as built’ drawings to be prepared and submitted a retrospective planning application, supported by a detailed Planning Statement.
Our case was that, although this combination of extensions would not normally be supported in policy terms, the surrounding area was varied in character and appearance. A number of nearby properties, including the adjoining house, had carried out very similar extensions.
We were prepared to take the case to appeal. However, the council ultimately accepted our arguments and granted planning permission.
This came as a considerable relief to the client, who had been facing the prospect of having to alter or remove the extensions.
If you are facing enforcement action or have carried out works that do not strictly comply with your planning permission, it is usually worth taking advice at an early stage.
