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Without knowing the full ins-and-outs of the case, it is hard to say why planners fail a scheme for being 'out of keeping'. We have seen this before when applications try to do something different to the existing vernacular, such as submit a scheme with a contemporary aesthetic. In general planning departments are anti all forms of permitted development because it takes decisions out of their hands and has also led to some pretty poor (but technically permitted) development taking place across the country. Prior approval was brought in as a way to meet planning departments half way, essentially an opportunity to weed out anything that doesn't meet the key criteria of the legislation. 'Out of keeping' is not in itself a reason to reject an application for prior approval, so I would tend to think that there is a bit more to the case. Take a look at Conditions AA.2 of the Class AA Permitted Development Legislation, I would imagine that the answer lies in here provided that all parts of AA.1 have been addressed in the design. If the authority has refused solely on the grounds of 'out of keeping' but all of the parts of the legislation have been addressed, then it should be a pretty simple appeal case. If you would like a more detailed review, please email Enquiries <contact@scroxtonandpartners.co.uk>

From Neil "Yes, it is definitely the external volume of the dormer."

Yes, any professional would require a measured survey before they can undertake any accurate work. Also it would be advisable to visit site to make sure there are no constraints to removed your PD rights.

@@garyhigson7614 Hi Gary thank you for your information. I’m buying a house and planning to extend it afterwards, shall I go for a Level 3 Building Survey at purchase, will it cover my future extensions please?

@@dynamn A level 3 building survey, looks at the structure and condition of the property. So especially important for any older properties. Can also give your lender comfort too. If you are planning to extend you will want a feasibility study done by an architect and best to submit it for pre-application advice from the council. This can be done before you buy the property. Feel free to email me more details for a quick review. g.higson@scroxtonandpartners.co.uk

Hi Mark, It is how the roof "was" when it was originally built.

Hi RS, in many cases yes, as there are Permitted Development Rights and you would need to submit for prior approval to your local authority to confirm this. If you need any help with your property, please reach out, we would be happy to take an initial look.

Permitted Development is hated by most local authorities as it removes control from them. To appease councils, the government created Prior Notification so that they can at least check that certain amenity requirements are met. I am afraid that you have to play the game and submit what they are asking for, and will probably need to appeal if they have the bit between their teeth and determine that the requirements for permitted development are not met. As frustrating as the process is, you always have to wait for the green light to undertake development when there is a Prior Notification requirement within the Permitted Development Change of Use that you wish to enact.

Glad you enjoyed it

You’re welcome 😊

No problem 👍

Sorry for the delay. Will come back this week with a proper answer.

465sqm is the size of the barn, not the curtilage. However, you are only allowed to hand over an area of land equal to the footprint of the barn as new garden land. If the roof has collapsed then the structure would not be deemed safe for conversion. In that case, a full planning application would be required. Yes, you can lift a floor to insulate under, as long as the building isn't listed and it wouldn't result in risking the structural integrity of the building.

@@garyhigson7614 Thankyou for your time Gary. There are a lot of roofless barns out there just been eaten by mother nature. They require a little TLC. Your reply has helped greatly.

I don't really understand the question... Permitted Development is permitted development. It is a national policy, not local. Local authorities can remove the PD rights of certain areas through planning approvals of housing estates or putting a blanket Class 4 restriction on an area to limit certain development types. But that is impossible for me to review without more information. Local authorities planning departments are no longer set up to be helpful unless you submit a formal pre-application and pay a fee. In which case, you may as well submit a lawful development certificate, it will take the same time and cost about the same. But, at least you'll have an official letter stating that your scheme falls under PD. One final note, if the 'Architects' that you are talking to do not understand permitted development and cannot give basic advice over the phone, then do not use them.

The side extension can be as deep as the original house (as first built), but it cannot extend beyond the front or rear elevation, so a setback is fine. With regard to width, the maximum width is half of the width of the original house (as first built) as long as that doesn't take up more than 50% of the surrounding plot (which would be unlikely). The extension cannot be taller than 4m and can only have 1 storey of accommodation. One point to note is that the property potentially has 2 principal elevations (hard to say without seeing it). This is important because side extensions can not be sited on a principal elevation. Also, if the property is in Article 2(3) land such as a conservation area, it will require a householder application to be made. So, in answer to your question, the side extension can have maximum external dimensions of 5.25m wide, 7.5m deep and 4m high.

Hi, Yes, the deck would be included in the curtilage. The deck is legal if the edge of the house walls there the ground meets the building the deck is no higher than 30cm above the highest point of the ground it sits over. This means that if the land slopes down away from your house, you could end up with a much bigger gap under the deck. Consequently, if the land slopes up away from your house, you cannot step the deck to follow the land, instead you would have to cut into the slope.

@@scroxtonandpartners Thanks for getting back, looks like 2ft of the deck is over 30cm above the original concrete patio (deck installed by previous owners). Is 31-32cm overlookable? Thanks for the info.

Hi, Curtilage is defined as the enclosed space of land and buildings immediately surrounding the dwelling house. Therefore, the footprint of the garage has already used up some of the curtilage. As with everything planning related, there may be some 'greyness' when discussing this with different case officers and local authorities.

@@scroxtonandpartners Thanks for the clarification! 👍

Good Morning Darius, You may be able to convert a roof space into residential units. It depends on roof space, the location and local policy. If you send us more detail via email, we can take a look contact@scroxtonandpartners.co.uk

Hello, the issue with 2.5 storey houses will be the existing roof structure and whether or not it is possible to slot in the steels that will be required to take the new loads. The first step they need to take will be to contact a structural engineer for an initial assessment. After that has been confirmed, there should be no problem with converting the space as long as the head height is available. Should you require any further information or have a project in mind, please reach out to l.robinson@scroxtonandpartners.co.uk.

Good afternoon achicheezay, If you have a project you are referring too we'd be delighted to assist further. Our contact details are northampton@scroxtonandpartners.co.uk or 01933 698 001. Scroxton & Partners

Hello, thank you for your request. This shall be passed onto the team for consideration. In the meantime, please take a look at our Henwick Lane case study. www.scroxtonandpartners.co.uk/case-studies/new-build-architects/ Scroxton & Partners

Hello, I think I understand. Essentially, you can have a velux window on the front roof slope of your property as long as it does not sit more than 150mm proud of the roof slope (assuming that you do not have any permitted development restrictions on your property - please ask your local authority of you are unsure). There is no consideration needed to be taken with regard to properties opposite to yours and the position of their windows. Thank you. Scroxton & Partners

Hello Lodge Cav, thank you for the message. It is quite complex how it is measured and it is best done from a survey. Please get in touch and we can assist further. northampton@scroxtonandpartners.co.uk

Hi Nawaz, We are in Northampton and London

How did it go Nawaz?

Hello, Scotland is governed by a different legal system to England & Wales, so there many be some differences. I believe that this is the correct link for the Scottish PD guidance. www.gov.scot/policies/planning-architecture/development-management/#permitted%20development%20rights. Thank you. Scroxton & Partners

Hi Mohammad, if it is within 2m of the boundary, then 3m is the max height, beyond that 4m is the max height for single storey extensions (as measured from the highest point of the ground that the extension sits on.) If you have any further questions, please don't hesitate to email us on northampton@scroxtonandpartners.co.uk. Thank you.

Hello, you cannot go higher than the ridge under Permitted Development, it would need to be a full planning application and approval. With regard to building regulations and construction methodology, you would need to extend the supporting walls to take the roof timber work. A lot depends on the type of house (terrace, semi, detached) as to exactly how you would amend and construct the roof. It could require a complete roof strip off if the existing structure is particularly undersized or complicated to amend. To comment on whether or not it would be a good idea is a simple case of mathematics; does the cost of the work (it would be a lot more expensive that a project that doesn't need a ridge increase) increase the property value accordingly or improve the usability of the property enough to justify the expense instead of moving house. Thank you. Scroxton & Partners

Glad it helped

Hello Mohammad, good question! This catches most people out. In all cases where heights are noted in the permitted development rules, the height is taken from the highest point of the external land at which point the element is being constructed. As most properties are either level at the rear or they fall away, this would normally be the ground level at the base in the location where you intend to extend. Thank you. Scroxton & Partners

Hi Ben, As with all things is depends, you may be able to. Please get in touch at northampton@scroxtonandpartners.co.uk with the site details and we can give you a better answer.

You need to examine your tenancy agreement first if you do not own the property to understand your rights when it comes to alterations to the landlords property.

@@db7610 Iam secure tenant which entitled to carry out alterations with landlords approval, just wanted to learn more if I needed to get planning permission from local authorities too, thank you for your reply.

@@barxola1 With a semi detached house you can do a hip to gable end loft conversion without planning permission under the following limitations: 1. You're not raising the ridge of the existing house. 2. Your new dormer is set back 200mm from the eaves of the original roof. 3. Your dormer is not projecting beyond the plane of the previous / existing roof. 4. You are not erecting a dormer to the principal elevation (s) that front the highway (can be both front and side elevations if you have a corner plot). 5. If you are providing any side windows they must be on opening (opening only once window is above 1.7m from internal floor and incorporates obscured glass). 6. The volume of the proposed new space is no more than 50 cubic metres. 7. Materials to match existing. I advise you get a lawful development certificate for proposed use in place before doing any work. You will definitely need a building regulations officer to sign off your work when you begin. So you may be able to circumvent planning but you must ensure work follows the building regulations therefore technical drawings and engineers calculations for any load bearing elements will be expected. Also what's not mentioned in this series (so far I only see two videos) is Party Wall Act 1996 will be in effect when providing a support beam into the party wall which is the case in most loft conversions where houses are semi detached or terraced. You have to provide the neighbour 2 months written notice prior to to executing work. So always best to get those things sorted well in advance before work even begins. They can go on for awhile and once agreed they give you 12 months to commence. If you need drawings done or party wall work, building regulations drawings I can help you I run my own consultancy.

@@db7610 thank you so much for the reply and the information. I will start writing to both landlord, local authorities & my next-door neighbour. Thank you for offering your assistance, no doubt I will be in touch soon. Once more, thank you.

Hi Bakhtyar, Thank you for your message. Have you measured the height of the loft to check that you have the height needed? As well as your freeholders permission you are likely to need planning permission and building regulations. You may be able to use the permitted development rights as a fast track. Get in touch and we would be happy to take a look northampton@scroxtonandpartners.co.uk

Hi Matthew, glad it was helpful! Should you need or require any additional services. Please don't hesitate to get in touch on 01933 698001.

@@scroxtonandpartners Hello Everyone, I converted a retail shop to a studio flat in Camberwell SE London. The place is off the high street and next to a residential development. The council sent me an enforcement notice despite having applied for right of development under the permitted development regulation. They actually turned down the application under PD saying there's no space for bike and bin storage. After architecturally showing where that will be, they said we have to provide notice impact assessment. If this is what they do to all PD, of what use is this PD legislation or is the council just taking me for a ride. It's the notorious Southwark council we're talking about here or should I take them to court?

@@oaesan Permitted Development is hated by most local authorities as it removes control from them. To appease councils, the government created Prior Notification so that they can at least check that certain amenity requirements are met. I am afraid that you have to play the game and submit what they are asking for, and will probably need to appeal if they have the bit between their teeth and determine that the requirements for permitted development are not met. As frustrating as the process is, you always have to wait for the green light to undertake development when there is a Prior Notification requirement within the Permitted Development Change of Use that you wish to enact.

Hello John, building regulations will always be required for works on any roof structure, particularly the alteration of purlins. Permitted development only relates to the 'planning' side of a construction project. So, if a scheme falls within the parameters from a planning point of view, it will still to be assessed and passed by building control with regard to structural and thermal considerations (amongst other things). Scroxton & Partners

Would also like this to be confirmed

Hello, you can have a velux window on the front roof slope of your property as long as it does not sit more than 150mm proud of the roof slope (assuming that you do not have any permitted development restrictions on your property - please ask your local authority of you are unsure). Scroxton & Partners

Good Afternoon Geoff, Thank you for your message. If you would like a summary of the recent changes, please email us at northampton@scroxtonandpartners.co.uk for more information. Scroxton & Partners

I was told my barn conversion was not suitable to install a septic tank because the land was “ not suitable “ but my neighbours have septic tanks! It’s boggy and rushy poor grazing land but surrounded by ditches. And a slight slope down to min ditch by road. Thoughts?

Hi Alex, Thank you for your message. On a 3 storey building you can add 1 storey potentially. If you contact us on northampton@scroxtonandpartners.co.uk with the site details we will check for you Scroxton & Partners

Hi Charlie, if we were doing the dissertation it would be interesting to do a study as to Council attitudes to Class Q in relation to non-traditional barns across the country including approval/refusal rates and the common issues that arise, as a measure as to how successful it has been as a permitted development tool. Scroxton & Partners.

Hi Stephen, It sounds like you may be able to use Permitted Development but each site is different, so if you send across your site details to l.robinson@scroxtonandpartners.co.uk we will check it out for you. Scroxton & partners

@@scroxtonandpartners thank you - sent