Advice on Amending Existing Planning for 2 Bed house

[Pemu]

Good afternoon everyone

Complete newcomer here who has no experience with planning applications or dealing with the council so will appreciate even the most obvious of advice. 

I'm negotiating purchase of some land that has planning permission. It's at the end of a terrace and the current owner is splitting his garden (which currently has a garage on it).

In the surrounding roads, most similar plots have already had massive extensions built on them or new homes (but nothing very recently). 

Currently, the permission is for a 2 bed, similar to the standard, mid-terrace homes on the street. That, however, leave 2-3 metres of empty space on the side of the plot which others have included in their construction. Others in the area have also build further back on the first floor. None of this was put in the application by the current owner, but I would like to do that at the time of construction as well as add a basement and/or living space in the loft. 

I'm attaching an arial picture of another house which was build on an almost identical plot where they have extended out to the side on ground floor and backwards on first floor, compared to the other houses mid-terrace house (one of which is in the picture).

 

An added complication is that the permission has the following clause and I'm trying to understanding if that means we can't do anything ender "Permitted Development" now or in the future. 

 

"16 - Notwithstanding the provisions of Classes A, B,D &E of the Town and Country Planning

(General Permitted Development) Order 2015 or any amending Order, no buildings or extensions to

buildings shall be erected without the written permission the Local Planning Authority.

Reason: in the interests of safeguard the residential amenities of neighbouring properties and the

appearance of the property in the wider street scene."

 

Please advise what you make of the above. 

Also, in general, what would be the best way of going about things to try to make sure I get permission for what I want to do?

Would it be, for example, to begin construction and apply for some sort of amendment?

Would it be to arrange a meeting with the planning officer to see what they say?

Would it be to submit an entirely new planning application, and if so, what would be the risks or benefits in that?

 

 

[ragg987]

Clause 16 is essentially a removal of your PD. I believe it is common in new builds, we also have it.

 

You have planning agreed and cannot lose it by making a new application, (provided you are within the validity period of 3 years) so I would suggest no harm in putting in a new application. If you are close to the end of the validity date you can lock it in by starting development (e.g. dig a trench) then put in a new application. If you get the new scheme agreed then move on with that.

 

In England, planning officers are difficult to speak to, but varies by area. They might ask you to put in a pre-planning application, which (IMO) is a waste of time as they can make decisions (judgements) which they do not have to defend as they would with a planning application. But no harm in trying to speak to them, I rang a few times and finally got someone who gave me some input.

 

The difficulty for you is that you do not own the land yet, so if you apply (which you can) the land-owner could refuse to sell to you or raise the price if the value of the new house would be higher then the current plan. So you can either buy it and then apply or get some kind of agreement with the seller in place and apply on that basis. You are going to need specialist advise (solicitor) for the agreement if going the latter route.

Edited June 12, 2019 by ragg987

[Ferdinand]

If you will be happy with the existing should you fail to get it amended then I would by it first, at which point there are fewer complications.

 

Ferdinand

[Pemu]

8 hours ago, ragg987 said:

Clause 16 is essentially a removal of your PD. I believe it is common in new builds, we also have it.

 

Thanks for the info. 

Can that clause be appealed/challenged in any way or can you apply to have it removed?

Also, does it apply forever or only for the duration of the initial build? 10 years into the future, for example, could you then do permitted development?

[ragg987]

You can appeal it. I believe it stays in place once the plan is started.

[Ferdinand]

If you are within 2-3m of the boundary and want to put more on, you will very probably need planning anyway for being within 1m of the boundary,  or 2m if it is above 1 storey (specific measurements apply), w,hich makes removal of the condition no benefit for significant extensions.

 

However it would probably benefit you for something like a single story thing 1.5m wide eg cloakroom or bike shed or small study, unless other restrictions apply, 

 

To get that condition removed would depend on the time since the PP, and you could do eg this, or perhaps do a full planning application if later. 

 

IMO perhaps an annoyance not a showstopper.

 

F

Edited June 13, 2019 by Ferdinand