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DevilDamo

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Everything posted by DevilDamo

  1. DevilDamo
    If the side extension meets the PD criteria then windows on its side wall would or should also meet that criteria. As a side note, PD relates to the original and as built house.
  2. DevilDamo
    https://forum.buildhub.org.uk/topic/19521-building-fence-on-boundary-line/?do=findComment&comment=424431 The OP will be wasting their time in trying to argue it. I rest my case and it’s beginning to be quite painful to try and prove otherwise.
  3. DevilDamo
    The same as if it was a building.
  4. DevilDamo
    Do not read too much into third party websites giving “their” take on Planning/PD. Always use the Planning Portal or Government website. If you comply with that, you have nothing to worry about. I could spend days trawling through various third party websites where they provide incorrect Planning and Building Regulations advice.
  5. DevilDamo
    Yes and a highway also includes a footpath, irrespective of who or what uses it, something which sounds like the OP is still trying to contest.
  6. DevilDamo
    It’s usually designate as such as part of the original Planning approval for the development. I’ve come across it a few times and a Full Planning application was required in both instances to change its use. I’m probably going to deal with another shortly too. Here is one of my posts where I took an extract from the PO’s report… https://forum.buildhub.org.uk/topic/19521-building-fence-on-boundary-line/?do=findComment&comment=424389
  7. DevilDamo
    Where have you read that caveat… on the PP website or another official source?
  8. DevilDamo
    Is this still being discussed!?! 😳 @Al1son The PO has stated the situation along with the LPA’s position. Some of us have had a lot of experience with this and our advice in this instance sides with the PO/LPA. It appears you know better so Appeal the LDC application and see what the outcome is. When it is dismissed and on the assumption you still want to progress it, submit a Full application and see what the outcome is. When it is refused, Appeal that. If that Appeal also comes back dismissed, you know you’ve tried and explored all possible options. Then draw a line under it.
  9. DevilDamo
    If you meet the PD guidelines, then you have nothing to worry about. Neighbours can comment/object all they want. If you want that added piece of mind if it is PD, then you can submit a Lawful Development Certificate application to the Council. It'll cost you £103.00 plus the PP service charge and the application would also need to be accompanied by the relevant drawings. I wouldn't read too much into that decking link. It seems they have extracted certain parts from the GPDO and made up the rest.
  10. DevilDamo
    It doesn't matter if cyclists use it or not (in trying to argue cyclists should not ride on footpaths). That will not wash. What is the view with mobility scooters because after all... they are motorised and do provide a means for a rider to travel? So under the PI's view, the use of that footpath for scooters would also amount to vehicular traffic. In Planning/PD terms, the footpath is seen as a highway so anything erected above 1m adjacent to it, would require Planning. It's that simple. You can choose to Appeal your LDC application, which will be dismissed or submit a full Planning application. Those are your only two options. They may not refuse the full Planning application on the basis of there being a 2m high fence, but as they have mentioned before, it seems the use of this land would be enough to warrant a refusal. This "pink" land must be represented somewhere and if not readily available, ask the Council for a copy of the mentioned plan.
  11. DevilDamo
    @Al1son
  12. DevilDamo
    Right I see. I don’t believe that is the most up to date version as changes are yet to be implemented. Have a read of this… https://planningjungle.com/2016/04/18/important-dclg-has-updated-its-permitted-development-rights-for-householders-technical-guidance-document-april-2016/ (Scroll down to “The definition of the term "highway" (page 6):) The definition is on Page 6 of the Technical Handbook and that is what PO’s refer to. Check the original Planning approval for what they have deemed and allocated as amenity land. No doubt this is what the Council are referring to.
  13. DevilDamo
    I’ve been involved in a couple similar situations. At first it was refused and the PO states… ”The change of use of the land from open space to residential along with the enclosure and block paving thereof would encroach upon, and result in the loss of a open space in a prominent position which makes a valuable contribution to the visual amenity and the character of the area. The land has not been demonstrated to be surplus to requirements and no provision for any replacement area has been made therefore the proposal would be harmful to the overall quantum of public open space, to the open and spacious character of the area.” After a few discussions, we re-submitted and was approved.
  14. DevilDamo
    Sorry if I’m being thick. But what does it matter if cycles use a footpath or road that deems it as a highway? Does it have anything to do with the links you or the PO had provided? The definition of a highway (as mentioned) includes a public footpath. So under PD, you cannot erect a 2m high fence in that position. That is what the PO has stated. Anything above 1m would require full Planning. As for the amenity land, that would usually be tied to the original Planning approval for your property/development. How old is it?
  15. DevilDamo
    I’m a little confused as to what you’re still asking or pursuing. They have refused the CoL as the 2m high fence would be positioned to a highway. The Permitted Development Handbook states… “Highway” – is a public right of way such as a public road, public footpath and bridleway. For the purposes of the Order it also includes unadopted streets or private ways. They also mention the amenity land aspect, which is more common than you may think. Although within your legal ownership, you would need to submit a Full application to change its use from amenity to a private garden. At the same time, you’d include the erection of a 2m high fence. Have you gone back through your legal documents, e.g. title register and plan as amenity land, etc… is usually mentioned there?
  16. DevilDamo
    It is quite bulky at the rear but PO’s do have a tendency to pick holes in something they may not particularly like or be happy with. How about retaining the ground floor depth and pulling in the first floor depth by 1m as that is showing some compromise? Pulling down the eaves or reducing the roof angle of the rear element could also be a compromise that shouldn’t massively affect your internal usable space. I mentioned your ceiling height because unless you do have 2.8m, the 4th step will clash with the wall above. The wardrobe of that Bedroom would also be half height as it needs the bulkhead/headroom for the stair.
  17. DevilDamo
    I usually just say facing brick/render/tile hanging/slates/tiles, etc… to match existing. If you’re in a conservation area, is a listed building or are dramatically changing the external finish, the LPA may ask that you provide details and/or samples of the proposed finishes post Planning approval.
  18. DevilDamo
    Can you upload the proposed elevations in addition to a block/site plan? As a side note, what will your ground floor to ceiling height be, around 2.8m?
  19. DevilDamo
    Assuming you don’t have any site restrictions, they shouldn’t get into telling you what you’re allowed to clad it with. You could go down the brick slip route. If some of your house already had some timber cladding, then you could argue you are now matching the house.
  20. DevilDamo
    How does it compare to other quotes you’ve had… assuming you have done that?
  21. DevilDamo
    If and when you email the Planning Officer, you should also copy in their line/area/team manager along with the admin department. That would usually prompt a response.
  22. DevilDamo
    Are you the applicant, agent or both?
  23. DevilDamo
    Just incase it’s asked or confusing for others and it’s the paragraph on the second page.
  24. DevilDamo
    @Temp Correct. So to design and build to the current BR’s, an application needs to be submitted before 15th June 2022 and works started before 15th June 2023. Not complying with both of those means adhering to the new BR’s.
  25. DevilDamo
    This looks or sounds familiar. Have you also asked the same question on a FB group?
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