Why You Must Know The Law When Planning A Conservatory

Victorian conservatories can make any home look better and, as their name suggests, some of these do indeed date from the age when Britain’s second-longest serving monarch was on the throne.

In this new Carolinian age, which will certainly be much shorter than the Elizabethan one before it, the Victorian style can be recaptured by having a new conservatory built, using the kinds of traditional wood that create a sense of style and timelessness in contrast with 21st century white plastic.

However, many things that were true when building conservatories in Victorian times are not now. Back then, the ideas of conservation and valuing heritage were given little heed. Instead, ideas of modernisation and progress dominated. This was, after all, a time of rapid industrial and urban growth, with many great building projects.

Consequently, when the Victorians were building, anything in the way could be demolished, even ancient castles or forts. Among many examples was the Roman fort of Mamucium, where Manchester was founded. In Victorian times, canals and railway viaducts all but obliterated it.

Nowadays, things are very different. All over the country, listed buildings abound and there are also planning restrictions in conservation areas, national parks (thankfully a strange plan to make London into one never came to fruition), Sites of Special Scientific Interest and designated Areas of Outstanding Natural Beauty.

This is an important consideration because if you live in a listed building or one of these protected areas, planning laws will vary from the norm and may mean you need to take extra steps to install a conservatory or any other kind of home extension.

As Planning Portal notes, in most cases, a conservatory will not require planning permission, as it falls into the category of permitted development rights.

Some rules will still apply: The structure itself would need to meet some legal building requirements, with this applying to the doors, windows, and roof, plus drainage and electrical elements, while if the conservatory is being added to a terraced or semi-detached house, the immediate neighbours must be informed under the Party Wall Act 1996.

Problems can arise when someone proceeds with a conservatory or extension in cases where planning permission will be needed but is not sought. The Shropshire Star recently reported on the case of an extension to a grade II* listed building, Waters Upton Hall, where a conservatory extension was carried out without permission.

Last year, a listed building enforcement notice was issued over the extension, which the building’s owners appealed against unsuccessfully.

Plans have now been submitted to Telford & Wrekin Council for the removal of the new elements, including the PVC conservatory, a sliding patio door introduced to replace the pre-existing French windows (which were installed in the 1980s after successful planning permission to add an extension with a swimming pool), plus unauthorised solar panels, windows and timber cladding.

To avoid a situation in which you may have a conservatory installed only to be later forced to have it dismantled, you must check the situation regarding planning. It may be there is nothing extra you need to do, but if there is, it is essential to go through the correct processes.