Bonnystreet (Town) Planning

Registered with
Monday 25th November 2019

Latest Comments

Total Number of Property118 Comments: 4

Bonnystreet (Town) Planning

9:02 AM, 1st May 2021, About a month ago

Is the listed flat too small?

The 37 sqm minima is part of planning legislation ONLY and not relevant to your situation. You can safely ignore it.

The Housing Act does stipulate minimum room size standards, but this is in relation to HMOs which your property is not.

But yes, lenders could find problems with the unit size.... Read More

Bonnystreet (Town) Planning

8:25 AM, 5th September 2020, About 9 months ago

Wrong advice from council led to unlawful L shaped dormer conversion?

Planner here.

What is and isn't permitted development is enshrined in law. The Council has no discretion over it, either it is or it isn't permitted development; in your case it isn't.

Ultimately, you should have applied for a LDC before building unless you are absolutely sure it is PD. At least if a mistake is made during the LDC process (i.e. you are mistakenly granted an LDC) than usually you are covered provided that you stick to the plans.

You could indeed wait four years from the day the extensions were completed to be immune from enforcement; however, only you can make a judgement as to the risk of someone taking action before that (as you say, the Council can easily find out). Once enforcement action has commenced you can no longer rely on the 4-year rule.

Therefore the only other way to regularise this is to apply for (retrospective) planning application; however, there is no guarantee permission will be granted as it depends on whether or not the roof complies with local planning policies/guidelines (which may differ from PD rules). It is of course possible that an officer, knowing your situation (the bad advice) may look at the case ever so slightly more favourably but it's just as likely that they will not (depends on what you have build and how it fairs under planning guidelines / local circumstances).

If they find out that it does not have planning permission (or a lawful development certificate), they will probably invite you to submit a retrospective application anyway.

Pre-application discussions are material planning considerations but certainly not binding and do not replace LDCs. You could perhaps investigate contacting the ombudsman for compensation of sorts; however (I am no expert in ombudsman matters), this may inadvertently alert the Council about the situation.

By the way, if I were you I might remove any mention of the Council's name as you have given enough information for me to identify the property in question.... Read More

Bonnystreet (Town) Planning

21:35 PM, 25th November 2019, About 2 years ago

Let for 2 to 3 days a time - HMO licence required?

Reply to the comment left by Ian Narbeth at 25/11/2019 - 11:24Article 4 Directions cannot currently be used to ban AirBNB style rentals (as it is not a change of use* or something only enabled through permitted development). Article 4 Directions can, however, be used to prevent a change of use from residential to (small) HMO.(*) in London up until 90 days only
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