Paris22

Planning advice please

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46 minutes ago, Paris22 said:

think my neighbour is just being difficult.


oh yes, been there, got the tee shirt. Why don’t you see what you can build using permitted development and whether it’s close enough to what you want anyway! Stuff your neighbour and the planners. P.s. I hate flat roofs, better with a slope and lots of insulation.👍

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Does this not cover your needs?

 

If you are planning and designing a single storey extension, this means it can be up to 6m from the original rear wall of an attached house (or 8m on a detached property) and up to 4m in height. If your extension is to be within 2m of your property's boundary, the eaves height is limited to 3m.

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Yes exactly this is why I don’t understand why we have been rejected. They said this doesn’t apply to us because it will block his light, 45 degree rule. I’m so confused

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16 minutes ago, Paris22 said:

Yes exactly this is why I don’t understand why we have been rejected. They said this doesn’t apply to us because it will block his light, 45 degree rule. I’m so confused


see 

http://www.1moreroom.co.uk/architects-southampton-news/2015/12/30/the-45-degree-rule-sunlight-daylight-and-your-proposed-extension

 

scroll down, 45’ rule does not apply to permitted development!!!!! You have been rejected because you applied for planning permission.

 

i have had quite a few fights with planners when a builder and won every time because I did my homework first. Crack on 😎.

 

also found this on a planning law site.

 

..Right to light is also an easement and is a civil infringement and has nothing to do with the council. Councils perform daylight assessments which is something totally different to the right to light and daylight assessments can only come into play if planning permission is required. As this build is under PD rights forget about why planning was refused as it has no bearing on your right to light.

 

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The architect applied for prior approval apparently we need that in our area, so confused 🤷🏻‍♀️ 

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You always need prior approval or neighbour approval - the only reason they can object though are down to the key reasons of loss of light etc but the downside is their is no appeal to this unless you go via the full plans route. 

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Posted (edited)
56 minutes ago, Paris22 said:

The architect applied for prior approval apparently we need that in our area, so confused 🤷🏻‍♀️ 

 

I think there's a little bit of comment at cross-purposes on this thread, as some commenters seem to have assumed that  Planning Permission has been  refused, whilst according to the OP the refusal has been to a Prior Approval Notification process under the Neighbour Consultation Scheme (that is the one relating to larger than normal single storey rear extensions built under PD).

 

Sorry to flag that, but a lot is in the detail. 

 

Under NCS the Council are required to assess the impact on neighbour amenity for all neighbours if one neighbour objects; if no objection is received then the Council is required not to do the assessment of amenity.

 

Does this affect the @timsk comment 1? I hope it perhaps does not.

Quote

1. Well, as per my previous post, if you can build under permitted development - you may not need to. Don't assume that because PP has been refused that you need it (Ferdinand emphasis). I realise that sounds completely counter intuitive - bizarre even - but it's not uncommon for applicants to be refused permission for something that doesn't require it in the first place! So, be sure to do your homework on this front. This may involve tweaking your design to fit the requirements under permitted development rights. In addition to the Planning Portal links, these links from the Royal Town Planning Institute (RTPI) may help: For a single-storey rear extension. If you have no joy there, you can get a small amount of free advice by e-mailing them: Submit a Request.

 

I do not know the exact process for evaluation Prior Approval Applications in practice, and how different that is to assessment of Planning Applications. 

 

You should imo be able to get hold of the reasons for refusal of your Prior Approval Notification and related correspondence (probably redacted for names etc). I am not aware that objections to PAN applications are in confidence under law.

 

Ferdinand

Edited by Ferdinand

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Posted (edited)
13 hours ago, joe90 said:

Does this not cover your needs?

 

If you are planning and designing a single storey extension, this means it can be up to 6m from the original rear wall of an attached house (or 8m on a detached property) and up to 4m in height. If your extension is to be within 2m of your property's boundary, the eaves height is limited to 3m.

 

No. Because its over 3m deep on a semi/terrace it needs "a prior approval application" to which the neighbour has objected.

 

https://www.planningportal.co.uk/info/200130/common_projects/17/extensions

 

Quote

For single storey extensions

* Single-storey rear extensions cannot extend beyond the rear wall of the original house by more than four metres if a detached house; or more than three metres for any other house.

* Where not on Article 2(3) designated land* or a Site of Special Scientific Interest; and subject to ‘prior approval’, the limit for single-storey rear extensions is increased to eight metres if a detached house; or six metres for any other house. This requires that the relevant Local Planning Authority is informed of the proposed work via a prior approval application.
 

 

If the only reason for rejection was the neighbours objection about a possible future roof terrace then the best thing to do is just make a planning application.  If the planning officer added other objections that would be a different matter. The fact that other similar extensions have already been allowed in the road should be pointed out in the application. In fact you could make out you really want an 8m extension but have limited it to 6m so its consistent with previously approved extensions in the road.

 

 

 

 

 

Edited by Temp

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I was under the impression that permitted development recently extended the 3m rule to 6 m....this from a planning consultancy firm.

 

If you’re planning on building a single storey rear extension under your permitted development rights, you can now take advantage of a doubled size allowance under the Larger Home Extension Scheme. This includes extensions up to 8 metres (from 4 metres) for a detached house, and 6 metres (from 3 metres) for all other houses.

 

 

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Posted (edited)
15 minutes ago, joe90 said:

I was under the impression that permitted development recently extended the 3m rule to 6 m....this from a planning consultancy firm.

 

If you’re planning on building a single storey rear extension under your permitted development rights, you can now take advantage of a doubled size allowance under the Larger Home Extension Scheme. This includes extensions up to 8 metres (from 4 metres) for a detached house, and 6 metres (from 3 metres) for all other houses.

 

 

 

It did but there is a consultation process attached, with an "amenity evaluation" process triggered if anyone objects.

 

Came in 2013. Made permanent 2019.

Edited by Ferdinand

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11 minutes ago, Ferdinand said:

 

It did but there is a consultation process attached, with an "amenity evaluation" process triggered if anyone objects.

 

Came in 2013. Made permanent 2019.


yes, just read that, my bad (as they say). So @Paris22 looks like you need to tell your neighbour you’re building two story (even if you’re not!!!. ) it would save half the foundations being dug/poured, just depends if It suite you’re needs/house, where is you’re drawing?.

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3 hours ago, Ferdinand said:

I think there's a little bit of comment at cross-purposes on this thread, as some commenters seem to have assumed that  Planning Permission has been  refused, whilst according to the OP the refusal has been to a Prior Approval Notification process under the Neighbour Consultation Scheme (that is the one relating to larger than normal single storey rear extensions built under PD).

Hi Paris22,

You have said repeatedly in a number of posts that you are confused and it appears from Ferdinand's post that many of us are too! As he suggests in the part I've quoted, I was indeed under the impression that you've been refused Planning Permission (PP). Perhaps you can clarify the following for all concerned so that we're we're all on the same page and not just the same thread . . .

 

Firstly, have you received anything in writing from the local authority that indicates that PP has been refused - or would be refused - if applied for? If so, having sight of exactly what they've told you would be helpful.

 

Secondly, can you give more detail about what your plans are. So, for example, you say in your opening post that the extension is 6m x 3.7m. Depending upon which way around this is, i.e. is the extension 6m out from the rear of the house or just 3.7m - will impact the likelihood of whether or not the scheme falls within permitted development. The latter probably would (note emphasis), while the former probably wouldn't. Other details such as whether or not you're in a conservation area or Area of Outstanding Natural Beauty (AONB) would be helpful.

 

I've asked my wife to read the thread again as she's not a forum member and not seen all the replies. Her response was emphatic; you really, really need to establish what you can build under permitted development and then come up with a scheme that conforms to that. At that point you can apply to the council for a Certificate of Lawfulness which is official confirmation that PP is not required. Once obtained, your neighbour has no input, no involvement and cannot object. Here's link - again to the Planning Portal - that covers this in detail: Lawful Development Certificates.

Tim.

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And a diagram!

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