196501-269293 EIR Planning Enforcement

Short Description
Conservatory Regulation
Reference number
EIR196501-269293
Date
02/09/2022
Request

I would like to know how many times the Council have issued enforcement or breach of planning or breach of building regulation letters to intervene when someone puts a solid roof on a conservatory (definition of conservatory shown below in red).
The solid roof on a conservatory without permission is a breach under
Planning Permission
Permitted Development Class A Conditions A.3 (a) the materials used in any exterior work (other than materials used in construction of a conservatory) must be of a similar appearance to those used in the construction od the existing dwellinghouse.
The extension is no longer a conservatory by definition and the materials do not match the dwelling house also this is being undertaken in conservation areas and article 2(3) & 2(4) land.
Building Regulations
Schedule 2 Exempt Building Work Class 7 – Translucent roofs (wholly or partly glazed)
As you are aware the adverts and take up of these are huge nationwide
“What Is The Legal Definition of a Conservatory?
What is the legal definition of a conservatory? This is an important question to consider if you are thinking of replacing your conservatory roof or insulating it for year-round use.
Traditionally, a conservatory was a building attached to the main house and built primarily as a place to grow plants. Modern home-owners today use a conservatory as an extension of the main house as an extra living space. and call it anything from a conservatory to an orangery, sun-room or garden room.
In the UK the legal definition of a conservatory is that it is a building with at least 50% side walls and 75% roof area with translucent glass or polycarbonate glazing. Most conservatories are too hot in the summer and too cold in the winter because of this high percentage of glazing which makes them uncomfortable places to be for much of the year. This is fine if you want to grow plants but is not so good if you want to entertain, relax or watch tv in your conservatory.
If you replace the existing glazed roof with a fixed roof, you will no longer comply with the legal definition of a conservatory”

Response