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LOCAL AUTHORITY APPROVALS

Planning Control: the regulations

Most small conservatories do not require planning consent and those that fall within the regulations rarely cause problems for the planners. We didn't get where we are today...

An outline of the requirements is listed below and in case of doubt it may be helpful to show your sketch designs to a planning officer. Do this informally before paying any fee or completing the application form. Any potential objections may be overcome by agreement at this formative stage.

You probably do not need planning consent if your proposed conservatory design meets the following criteria:

  • The conservatory will not be nearer to any public highway than the nearest part of the “original house”, unless there would be at least 20 metres between your house (as extended) and the highway. The term “highway” here includes all roads, footpaths, bridleways and byways if they are public rights of way.
  • If your property is a terrace house or any kind of house in a Conservation Area, a National Park, an Area of Outstanding Natural Beauty or the Broads – the volume of the “original house” would be increased by no more than 10% or 50 cubic metres (whichever is the greater); for any other kind of house outside those areas, the volume of the “original house” would be increased by no more than 15% or 70 cubic metres (whichever is the greater); and in any case, the volume of the “original house would not be increased by more than 115 cubic metres. (Volume is calculated from the external dimensions of the entire structure of the house)
  • Your house is not a “listed building”.
  • No part of the conservatory is more than four metres high AND is within two metres of any boundary of your property.
  • No part of the conservatory is higher than the highest part of the roof of the “original house”.
  • Additions or other buildings would cover no more than half the area of land around the “original house”.
  • If the conservatory comes within 5 metres of another building belonging to your house, the volume of that building would count against your allowance for extensions and therefore the combined total cubic volume of the two buildings could be no more than your allowance.

Notes: “original house” means the house as it was first built or as it stood on 1st July 1948 (If it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so. While theoretically the elected planning committee makes all planning decisions, much of the minor work is delegated to officers ("deemed consent") and this in all likelihood includes house extensions. While they cannot give a decision on the spot you should be able to get some indication of the result before parting with the fee and completing the application. The council has eight weeks from the date of application to give you a decision before you have the right to appeal to the Secretary of State for Transport, Local Government and the Regions. However appeals can take several months to decide and it may be quicker to reach agreement with the council.

Where it is clear that planning consent is going to be difficult to obtain, it may be helpful to gain support from your local councillor who sits on the planning committee so that one person at least is briefed to support your application. In addition you would be best advised to consult an experienced architect or planning specialist, alternatively we may be able to help.

Ten tips to help your planning application succeed:

  1. Discuss your ideas informally first with the planning officer
  2. Produce drawings/plans and photographs
  3. Tell your neighbours so they won't object
  4. Look for similar extensions in your area
  5. If you live in a listed building discuss your proposal with the conservation officer first
  6. Emphasise the build quality, produce examples of David Salisbury projects, use precedent
  7. Be prepared to compromise
  8. Remember designs should be sympathetic and subordinate, not overpowering
  9. Pick out features of the house and introduce them into your design
  10. Avoid schemes that would dramatically change the historic fabric of your house

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