Conservatory- planning permission, 4-year rule, etc.

[diddean]

Six years ago I had a home built with planning permission but without planning permision for a conservatory.
Ignorantly, five years ago I had a biggish conservatory erected without planning permission. Does a planning law exist that means after 4 years unnoticed the consevatory is now legal and can not be removed or be subjected to retrospective planning? Bluntly, am I now safe from LPA control?
Thank you for your help and advice

[pdk]

Yes, you have immunity.. are you in a conservation area or is it a listed building??

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD , WORKING WITH INVESTORS , and PROJECT TYPES.... Please also see our range of URBAN PHOTOGRAPHS.

[diddean]

Thank you Peter. It is not in a conservation area or attached to a listed building. Actually, simply a mistake by not applying for permission. However, it seems a good but chancy way to get past planning and the costs. I hope your reply was of interest to other conservatory users.

[bunty75]

12 years ago i phoned planning to ask about permission to erect a conservatory on to the gable end of my listed building. planning assured me that permission was not required but that listed buildings might have some stipulations. listed buildings did not ask me to apply for permission but stipulated that i use wood and definitely not pvc.
three weeks ago i received a letter from the council saying an enquiry had been made regarding the conservatory and asked me to fill in a consent form . i did so with the details i have just mentioned. i have heard nothing from them since. have i got something to worry about?

[pdk]

There are no exemption periods on listed building for enforcement action, so theoretically the Council could follow this route at any time. The problem would be if they ask you to submit a planning & listed building application and then feel that permission should not be granted under current poilcy... If this scenario arises I strongly advise you to get a good planning consultant on board... as ealry as poss....

Good luck with it...

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD , WORKING WITH INVESTORS , and PROJECT TYPES.... Please also see our range of URBAN PHOTOGRAPHS.

[Wauden]

The officer should have advised you to apply for listed building consent as it was required. Unfortunately its not a defence to say it was not known. Anyway, good luck with this.