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conservatory, no planning needed neighbours disputing
We are having a conservatory built, and we don't need planning permission because its under 30m but the neighbours are disputing, what can we do or should I say can what can they do about it? ( we live in a Semi-detached house)
asked in planning



mason.j.c. answers:

Photocopy planning document, highlight relevant paragraph, put through neighbours door, problem solved


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Logicalawyer answers:

Neighbours cannot object unless some other covenants are present which give the right to light, or anything of similar nature. They themselves cannot enforce planning law as they have no locus standi, nothing will come of it, if as you say the General Permitted Development order which either negates or gives automatic permisssion is adhered to.


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Aiming4777 answers:

Your neighbour might be right. You are confusing Building Regulations approval and Planning permission. The Buildings Regulations define how the conservatory should be built and the Planning Permission allows you to build it.

The limit you refer to of the conservatory being less than 30 square metres is a criterion of the Buildings Regulations. Conservatories and porches are exempt from the Buildings Regulations approval if they meet the following criteria:

They are built at ground level
They are single storey
They have a floor area not greater than 30m²
The glazing accords with Part N of the Building Regulations
Any electrical work complies with Part P of the Building Regulations

For the purposes of deciding whether the addition of a conservatory to an existing home requires Building Regulations approval, there is no definition of what a conservatory is. If however, no separation will remain between the existing home and the new conservatory it is likely that the conservatory will be judged as a conventional extension of the home, for which Building Regulations approval will be required.

For the purposes of Planning Permission, all conservatories are considered extensions. This is because, for planning purposes, it is the size and location that is important not the type of extension. You need Planning Permission for an extension (including a conservatory) if:

you want to build an addition which would be nearer to any 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" includes all public roads, footpaths, bridleways and byways. (There are special rules for porches.)

More than half the area of land around the "original house" would be covered by additions or other buildings.

The term "original house" means the house as it was first built or as it stood on 1 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.

You will also need to apply for planning permission if the extension or addition exceeds certain limits on height or volume:

Height Limits
You will need to apply for planning permission before building an extension to your house if:

the extension is higher than the highest part of the roof of the "original house"

or any part of the extension is more than 4 metres high and is within 2 metres of the boundary of your property.

Volume limits
You will need to apply for planning permission before making an addition to your home if:

for a terraced house (including an end of terrace house) or any house in a Conservation Area, National Park, an Area of Outstanding Natural Beauty or the Broads - the volume of the "original house" would be increased by 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 more than 15% or 70 cubic metres (whichever is the greater)

and in any case, the volume of the "original house" would be increased by more than 115 cubic metres.

Volume is calculated from the external dimensions of the entire structure

If you have any doubts whether you need Buildings Regulations approval or Planning permission, you should ask the Building Control Officer at your local council. See the planning portal for more details http://www.planningportal.gov.uk/uploads/hhg/houseguide.html


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