Lulu555

What we have applied for is the same as our neighbour but 1! The other houses that have upward extensions are much bigger and have dormers etc. From looking at the planning portal, all were done under planning not permitted development. Looking at our direct neighbour they only had planning for a bungalow but they have gone up so not sure how that’s happened or where the plans are for what they have done. we couldn’t even see that our property didn’t have pd rights and it wasn’t picked up when we brought the house as I did ask tell them solicitor what we wanted to do and he said it shouldn’t be a problem as long as we go through the correct process. The clause says “ no development described in class 1 of schedule 1 to the town and country Planning general development order, 1977 shall be carried out within the curtailment of the dwelling without the permission of the District planning authority given in writing”! Im trying to find a planning lawyer as I think I need to take advice on what we should do! My architect said he’s never heard anything like this happening before, he’s just said we will wait and see what they come back with but I don’t want to just sit and wait!

@DevilDamooh dear, that’s going to be annoying for them! Hopefully they will also be able fight it! I take it your client is against what they are trying to do? Or would have liked to do the same!? @Kelvin some of these rules/conditions/stipulations are Just outdated, put in place 40 plus years ago, and times have changed! I appreciate why they have them and need them in certain instances but when others have done what you are trying to do along the same road these need to be looked at! @joe90yes gone up as in have added another storey or raised ridge and have loft conversions. We weren’t trying to go bigger or higher than anyone else in our road and we’re actually slightly lower in pitch than our direct neighbours! Hopefully the council will see sense and let us remove the clause, but I’m not holding out much hope!

Oh ok, that seems odd! Maybe their council are incompetent like mine and just nobody ever picked it up or they pretended not to realise to save showing their incompetence! No problem, not sure when we will receive it as we have had no response from them since this voice mail!

Did your clients neighbour ask/apply for the clause to be removed do you know? Maybe that’s why it’s been granted? you want the report of when they revoke the decision?

Prior approval application for an additional storey, yes got the approval then 2 days later received a vm saying they were going to revoke the decision because someone realised there was this clause removing of rights on the planning from 1978 when the bungalow was built!

Thank you! I will look into this!

Thank you for your advice! Fingers crossed we get something!

We did actually ask the planning officer before submitting the application if we had permitted development rights and she confirmed we did, unfortunately this was verbally and not in writing! Otherwise we wouldn’t have bothered going down this route. There are 13 houses In the road and 7 have gone up! Our direct neighbours being 2 of the 7! it’s just annoying that the clause was added 40 plus years ago, and since then all these other houses have been redeveloped. Obviously the rules have changed over time, so that doesn’t help us!

So the fact they have sent us the approved documents means nothing!? I just don’t understand how they have 3 odd months to look at the application, surely the first thing they would check is if we had permitted development rights, then to approve us and then to say oh we made a mistake, all this at our expense!!! Even if we knocked the bungalow down because of the pre planning advice we received the first time I’m unsure how we could get a house out of it based on this property mass calculation!?

So this is a long one… we brought a bungalow in green belt and want to add another storey. Sort pre planning advice for a planning application and other than the green belt rule, didn’t seem like any issue. We would have been refused based on the fact the extra storey increased our property mass by 80 odd percent and under green belt the max we could go is 25% which would give us nothing. So we decided to go down the pre approved permitted dev route as green belt rule doesn’t stand. We received a decision notice to say our application was approved and planning website updated. 2 days later my architect received a vm from planning officer saying that they were revoking the decision as they realised we don’t have permitted development rights on our property (a clause added In 1978 when bungalow was built). Has anyone come across this type of error before and has an idea of where we stand!? What are the implications for the council as surely they can’t just revoke a final decision? Thanks in advance for any advice!