ConstructAid have now had an opportunity in having some experience in operation of the new Notification of Larger Extension regulations, and we must say they have proved to be more problematic than we had anticipated. The legislation is, in effect, quite different from any current planning regulations and consequently it has led to some problems with interpretation of the law. One of the most important points to remember is that in submitting a Notification application (which does not involve payment of a planning fee), it is still necessary to apply for a Lawful Development Certificate for a proposed use. This would prove that the extension is lawful in relation to the other parts of the legislation that are not covered under the Notification application.
Also it is to be noted that if, after obtaining a satisfaction Notification approval from the Planning Authority, it is decided that, for example, a pitched roof is required instead of a flat roof that has been approved, it is most important that no work is carried out until a new Notification application is approved by the Council. The Notification is only applicable to work that has not been started so in starting work, this procedure would not be possible under the Notification of Larger Extension legislation and a planning application would have to be submitted. As the larger extension would, in most circumstances, be larger than that permitted under the Local Development Plan, there would be a strong likelihood that planning permission would not be granted for the proposal. More thoughts on this subject will be published but should you require any information on this or any other development, please contact ConstructAid via our website