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  • Change of use/planning application help please
  • plant
    Free Member

    Hi,

    Shop out front has a large one storey 'bit' that runs the length of a narrow passageway that various properties use as the sole access (me included). The shop has submitted plans to chage the use to a residential flat.

    I don't have an objection to the change of use but the plans included opening windows and doors into the shared passageway (less than 1 metre in places). I have objected and resubmitted plans have been submitted.

    The windows are now recessed and they state having security limiters on them and safety escapement. I'm guessing that these security restricters can easily be overridden and then the windows will be opened fully. Anyone know about these types of windows?

    The doors are STILL showing as outward opening but the wording has changed to show an outward fire escape for the retail area. The doors are currently opening inward and the door to the flat is also opening inward.

    Are there different regs for residential and commercial that mean that commercial exits have to open outward yet the residential can open inward? If this is the case, how come shop doors always open inward?

    I will be strongly objecting the the encroachment on a public right of way but wonder if there are any other new regs that I may fall foul of?

    Cheers,

    Carl.

    iain1775
    Free Member

    planning regs and building regs two different things
    doors opening in/outwards, fire escapes and indows etc come under the building regs
    It is unlikely these will be fully considered as part of the planning which is more concerned more with the visuals and impact on the property and neighbours (unless you highlight the issues as part of an objection)
    Difficult to comment without seeing the proposal but it is theoretically possible it could get planning permission and then refused at building reg sign off stage as they cant actually build it to meet the planning app and still comply with building regs
    Yes commercial and domestic have diff requirements esp concerning fire regulations and means of escape, if that passageway is the main route for escape from multiple properties then highly likely it cant have doors or windows opening outwards into it that could cause an obstruction

    plant
    Free Member

    Thanks Iain.

    Seems there is nothing more confusing than planning regs …….

    I will continue to object on the basis of restricting access on the shared access to ours (and other) residential properties. One of the outward opening doors is for the rubbish bin location ….. If space is a premium (as it is), I would've thought a roller shutter would've been more appropriate (but more cost).

    Cheers,

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    midlifecrashes
    Full Member

    Is it worth suggesting using sliding windows?

    aP
    Free Member

    Building regs restrict open out windows which may then require railings (or some other means) below them to stop pedestrians walking into them.
    Why not just suggest having open in windows (bottom hung) benefits for all!
    As far as the opening out doors – suggest that it is possible that they are recessed into the buyilindg by a depth equal to the size of the door swing.
    If these new things are restricting an existing access route (and presumably a fire escape route) then you may be able to apply some pressure. You may be quite surprised that its not a public right of way – it may instead be an easement – that should be possible to find out, and in which case they may have no right to open out onto it.
    Have anu of your neighbours complained? What are their opinions?

    iain1775
    Free Member

    Seems there is nothing more confusing than planning regs …….

    Oh there is – Building regulations!! 🙂

    geoffj
    Full Member

    planning regs and building regs two different things

    They are, but you don't usually draw up one set of plans for planning and another for building regs.

    Try to get them shown as opening in on the plans.

    iain1775
    Free Member

    They are, but you don't usually draw up one set of plans for planning and another for building regs.

    Depends, you can do
    I did – did the planning ones myself, got permission and then got an architect to detail up building reg drawings
    Very much depends on both the council concerned or if the developer is going down a full building regs approval route or a notice & inspection route.

    If you raise your concerns then the planning dept have to consider them and at least request more detail from the developer

    aP
    Free Member

    We normally produce a planning set and a detail design/ production information set – relating broadly to RIBA workstages D and E/F (or more accurately – F1)

    geoffj
    Full Member

    We normally produce a planning set and a detail design/ production information set – relating broadly to RIBA workstages D and E/F (or more accurately – F1)

    All well and good, but I'm not paying an architect to produce two sets of plans when one will do. Yes of course, one may well be a subset of the other, but it still takes time and effort to produce and maintain two versions. In most cases 1 set will do.

    aP
    Free Member

    I think that we're probably talking about a different scale of job, to be honest.

    plant
    Free Member

    Yep,

    A very different scale of job.

    My neighbour an me made joint representation on the first objection and will do so again for the second.

    All existing doors on the property (that haven't been boarded over for 30+ years) are currently inward opening so having outward doors onto a restricted fire escape route/access point is a new thing.

    Cheers,

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