Wait 6 months to apply for extension permission?

[cobblex]

Wondering if anyone else has had a similar issue. We moved into our semi just over 3 years ago. The previous owner built a large loft extension shortly before we purchased, presumably under Permitted Development rules. We have the buildings reg certificate sign off dated June 2011 (we moved in November 2011), but no certificate confirming it met PD conditions was ever obtained. In hindsight we should have pushed for this at the time we moved in but assumed all was above board.

Issue now is we want to apply for a 5metre rear extension, and for semis you have to make an application to the council for this to get it done under PD (as opposed to a 3 metre extension which you can just go ahead and do it without notifying the council). Problem is we now suspect the loft conversion was too large for PD (approximately 7-10 m3 too much) and therefore if we put an application in for the rear extension potentially the council may start digging around the loft extension and could cause problems. The drawings presented would need to show the large rear dormer so they may flag it from that.

Simple choice is to wait until June when the loft extension will be 4 years old, then apply for certificate of lawfulness for the loft extension (under 4 years old rules) then proceed to apply for the extension. Problem is now my next door neighbour (attached) is likely selling up before then, and we have no idea if the new neighbour would object to the 5m extension meaning we have uncertainty about whether we can proceed at all!

It's frustrating as we're all ready to go funds wise. And we have building reg sign off on the loft, just not planning.

Does anyone know if the council would be likely to investigate an older extension when making a new application? If they did would they really go to the lengths of refusing retrospective planning permission for a small breach of 7-10 m3?

Should i just wait till June instead, and get the loft retrospectively approved, to be on the safe side.

[Busa mav]

Get on with it now , they won't look at the loft dimensions at all.

[cobblex]

Busa mav said:

Get on with it now , they won't look at the loft dimensions at all.

Ok thanks. Anyone else have an opinion?

[anonymous-user]

Did your solicitor not push for confirmation that the loft conversion fell within PD or had relevant planning? Sounds like a big oversight to me.

[cobblex]

Inkyfingers said:

Did your solicitor not push for confirmation that the loft conversion fell within PD or had relevant planning? Sounds like a big oversight to me.

Agreed it was an oversight, we were first time buyers, not very savvy on these sort of issues. There was building regs sign off so we assumed all was ok, not realising it's a completely separate matter. Insurance was taken out as part of the completion which I believe covers us in the event a pre-exisiting structure does breach planning but I am unsure of the T&C's on this, something i definitely need to check.

[anonymous-user]

cobblex said:

Inkyfingers said:

Did your solicitor not push for confirmation that the loft conversion fell within PD or had relevant planning? Sounds like a big oversight to me.

Agreed it was an oversight, we were first time buyers, not very savvy on these sort of issues. There was building regs sign off so we assumed all was ok, not realising it's a completely separate matter. Insurance was taken out as part of the completion which I believe covers us in the event a pre-exisiting structure does breach planning but I am unsure of the T&C's on this, something i definitely need to check.

Ah, OK, at least it sounds like your solicitor looked into the matter. The fact that they couldn't prove it was lawful (and therefore your solicitor sought to insure against that risk) suggests that they may have known it wasn't.

Unfortunately, I can't help you as to how this might affect your future applications.