Singing Pig

I have just purchased a property which consists of a ground floor retail shop with 1st floor stock room with large roof void.  The planners have confirmed that under permitted development I can convert the stock room  and roof void to a flat with out any planning permission as long as I keep the ground floor as retail.

 The premises needs a new roof, new windows, good external coat of paint, etc.  I want to retain the shop area and rent it out and sell off the 1st floor area for some one else to develop.

 My question is as follows, what is the best way to split the premises in the terms of freehold/leasehold.  Traditionally the flat would be leasehold and the shop would retain the freehold.  As part of the refurbishment the developer needs to install a larger dormer and retile the roof, renew windows up stairs as they are rotten.

 If I were to retain the freehold I would be responsible for the maintenance of the external, ie roof, windows, painting.  As part of the development this needs to be done, can I place a schedule of works that needs to be carried out under the flat works and when they are complete, I (as the freeholder) would then be resposible for external maintenance.

 If you have any ideas would like to hear from you, my mobile if easier is 07870 156833.

 Regards

Ian

"The planners have confirmed that under permitted development I can convert the stock room  and roof void to a flat with out any planning permission as long as I keep the ground floor as retail."

Hey, tread very carefully here !

Have you got their assurance in writing ? If so, does it include the usual disclaimer that it is an Officer opinion and doesn't bind the council ?

Changing a stock room and roof void into a dwelling is a Change of Use, and a very significant one at that.

I would be VERY interested to hear which part of the General Permitted Development Order your planning officer adviser reckons allows you to undertake such a significant change of use without specific planning permission.

The letter from the council states ' I confirm that under part 3, class F of the general permitted development order, 1995, a single flat above an A1 retail/shop use (providing that the upper floors are currently A1 or storageassociated with the ground floor retail use) would NOT require a planning application.

 How ever you may need building control approval.  I suggest you contact them.'

There is a caviet at the bottom of the letter 'The advice given in this letter is intended to be of assistance and is offered without prejudice to the formal decission of the borough council as local planning authority'

 I would be grateful of your comments

That is the closest to a clear decision you are going to get.

The caveat is a standard ass-covering copout !