Changing PP After A Building Is Completed

[Puff]

Neighbours to a friend have an end of terrace house. There was enough space to extend the house sideways and they sought planning permission for a 2 floor side extension. This was granted but there was a condition attached that they would lose the right to Permitted Development in future with regards the roof. This was so as to NOT allow them to stick a loft extension and effectively turn what was once a 3 bed house into 7 bed house. They did not appeal.

These neighbours have now completed their side extension and have now applied for a Minor Material Amendment to have that restriction removed. Can you actually change planning permission and conditions after the building works (completed according to plan) have been completed?

Any other guidance on this? 

My thoughts are that they accepted the PP as given, built their extension and should they/future owners wish to extend upwards, there is a mechanism in place to do so, should they be successful. 

This is London where there are loads of loft extensions.

 

[DevilDamo]

Even with PD rights removed does not stop them applying to convert and/or extend the loft. It just means the Council can control the development and decide whether or not to grant approval. For the LPA to have included that condition does imply that any formal Planning application is likely to be refused. However, the LPA may have seen that a two storey extension along with a loft conversion/extension as substantial works. Now they have completed the extension, the addition of the loft conversion works now phase 1 has been completed may soften the LPA’s approach.

[Temp]

I'm surprised a council would consider a change to any planning condition as non-material. Planning conditions have to be "necessary in planning terms" or they aren't enforceable and can be appealed. 

Edited January 2, 2021 by Temp

[DevilDamo]

A ‘minor material’ amendment as the OP mentioned is different to a ‘non-material’ amendment as you mentioned.

[Puff]

On 02/01/2021 at 02:38, Temp said:

I'm surprised a council would consider a change to any planning condition as non-material. Planning conditions have to be "necessary in planning terms" or they aren't enforceable and can be appealed. 

 

The condition was requested by some neighbours and passed by Planning Committee against advise of LPA solicitors. They could have appealed but have chosen not to.

 

They can apply for a loft extension and that would be taken on it's merits and may be decided as over-development of the site. With the condition removed, they can just go ahead and do it and that is the worry for the neighbours, hence why the condition was requested. 

 

It may not, at the time, have passed the 6 steps though reasonableness likely to be covered. Necessity will have to be looked at obviously, though it can be argued is it necessary to have such a big house in a cul-de-sac of houses 1/2 the size or less and therefore the condition of over-development would be necessary imho