Home Forums Chat Forum Retrospective planning consent in a conservation area??

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  • Retrospective planning consent in a conservation area??
  • mudmuncher
    Full Member

    Quick question…

    Buying a house where the owners fitted a few Velux windows in the roof just over 10 years ago.

    As the house is in a conservation area I understand they really should have got planning for this.

    I know for normal planning breaches if they don’t notice for 4 years then they can’t take action. The question is does this also apply for conservation areas?

    Moses
    Full Member

    No, there is no limitation, or if there is, it’s more than the 10 years I suffered from. If you need to apply, get a professional to do it.
    (It’s Listed Building Consent you need)

    mudmuncher
    Full Member

    Thanks Moses. The house we are buying isn’t listed do I still need listed consent?

    midlifecrashes
    Full Member

    Round here we have separate conservation area consents, so not Listed Building consent.

    gobuchul
    Free Member

    A bug difference from Listed and Conservation Area.

    It’s easier to get the Seller to pay for indemnity insurance to cover it.

    I had to when selling mine due to building control issues.

    Not sure if it’s any real use but I would be amazed if anyone really cares.

    morpho1
    Free Member

    If the property is just in a conservation area then the four year limit applies and the LPA can’t take action. If the property is a listed building then there is no time limit.

    slowpuncheur
    Free Member

    I’m a planner. Morpho1 is right. Only exception would be if there was an article 4 direction on the house (which prevent certain works that would normally be Permitted Dwvelopment). Unusual but worth checking with the Council.

    mudmuncher
    Full Member

    Phew, thanks guys.

    Looks like I’m in the clear.

    Rockhopper
    Free Member

    If you do raise it with the council then you can’t get indemnity insurance.

    rhinofive
    Full Member

    I’m a planner.

    No, I’m Spartacus!

    might be worth negotiating a few bob from vendors to cover the cost of a ‘Certificate of Lawfulness’ which is effectively the same as the LPA saying it has / didn’t need p/p – could save going through all this when you come to sell

    might also be an idea to check there are no Building Regs requirements they should have complied with too if for instance creating an extra floor of habitable accommodation; I’m guessing fire escapes, internal protection etc are going to be front & centre of peoples thoughts for a while to come

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