Certificate of Lawfulness Obtained After Initial Refusal
A recent client had installed a rear dormer window but unfortunately their application for a certificate of lawfulness had been refused. WPS Planning were contacted by the architect to find a way forward. The options were to lodge an Appeal or to submit a Planning Application.
We decided to submit a Planning Application, on the basis that a number of similar properties in the same street had installed dormer windows in a similar style. The window was located at the rear of the property and did not overlook any of the neighbouring properties.
The Council however rejected this application on the basis that the other properties with similar dormer windows had not submitted planning applications. The Council thought that these must have been built under Permitted Development Rights or that they had been there for many years and did not require any further permissions.
Time for a rethink! We then decided to pursue the Appeal route and in our research we came across a successful appeal for an almost identical type of dormer window. In this case an application for a certificate of lawfulness had been refused but the subsequent appeal found that the relevant permitted development legislation in respect of the criteria for dormer windows had been interpreted wrongly. Therefore the appeal was allowed.
We therefore decided to resubmit the certificate of lawfulness on the basis of this Appeal decision. This time the Council accepted the appeal judgement and the application was approved, despite the previous refusal.
Clearly there is always a risk in undertaking development without having checked whether it might contravene relevant Planning legislation.
In this scenario, the owners of the house were lucky. Their decision to go ahead with their dormer window without a Certificate of Lawfulness, ultimately did not lead to enforcement proceedings.
Find Out First!
We would strongly recommend that you check the relevant Planning legislation before commencing any development in order to be sure that it meets your local authority’s Planning rules and regulations. It could prove very expensive if you don’t.
We can advise you prior to any development and ensure that your plans meet the relevant planning policy and legislation. If there are likely to be any issues we can help you put a case together for negotiation with the planning authorities. Or, if there are major issues, you may decide to change your plans, or not go ahead at all.
Whichever path you take, getting the right advice at the right time is likely to save you both time and money. Contact us on 01403 458169 or email info@wpsplanning.co.uk.