removing permitted development restrictions

[Balou]

Hi, we are in the process of building a new detached house on a large plot that took us years to get planning permission for, finally being granted a year ago. The planners were particularly obstructive throughout the process and their parting gift was to give planning permission but then impose a blanket condition across the whole plot, effectively withdrawing all permitted development rights. Government policy is that these conditions should not be used and it seems we have a good case to apply to have it removed. However, if we employ someone to tackle this, we are being quoted £900 plus vat, which seems pretty expensive (plus the actual application fee).Has anybody gone through the process? There seems to be little if no guidance that i can find on the internet.

[Mr Punter]

You will need to apply to have the condition varied or removed, giving your grounds for why it does not accord with policy or whatever.  If they refuse the application you can appeal it.  It is unusual to have ALL pd rights removed.  Often just "No enlargement, alteration..." etc.

 

Post the wording and reason and someone may give a better reply.

[Jilly]

I have had all of mine removed too, I think its known as an Article 4 Directive, but my understanding is that I have to get planning permission for everything which would normally be PD as they want to be involved in the design (it's a Conservation Area). I suppose it means if there is something you want, which they don't like, you would have to appeal, others will come along with experience of the appeal process. 

 

 

[Vijay]

I thought I'd read on here that it was standard practise to remove PD on new builds and you had to apply for it back when you've finished.

[Temp]

 No not standard practice.

 

Planning conditions must meet six tests or you can appeal them or apply to get them removed..

 

https://www.gov.uk/guidance/use-of-planning-conditions

 

Paragraph 55 of the National Planning Policy Framework makes clear that planning conditions should be kept to a minimum, and only used where they satisfy the following tests:

1. necessary;
2. relevant to planning;
3. relevant to the development to be permitted;
4. enforceable;
5. precise; and
6. reasonable in all other respects.

These are referred to in this guidance as the 6 tests, and each of them need to be satisfied for each condition which an authority intends to apply. See also guidance on the use of model conditions.

 

You will have to read the reason for removing PD given in your planning grant and argue the condition doesnt need one or more of these tests.

[Happy Valley]

We have applied to have our Permitted Rights restriction removed also. One argument is on the basis that all the other houses on the close (8 of them) have it so restricting just one is unreasonable. We have employed a planning advisor throughout although not as costly as mentioned above.

 

Awaiting a decision but as the new build is next to a conservation area I am not sure how this will go.

Edited March 18, 2021 by Happy Valley

[ToughButterCup]

11 hours ago, Vijay said:

I thought I'd read on here that it was standard practise to remove PD on new builds and you had to apply for it back when you've finished.

 

Correct.

[Balou]

Thanks  to you all for your replies. It seems that alot of planners will try withdraw PD, but as per Temps reply, according to Gvt guidance theyre not supposed to put a blanket restriction unless they can meet all of the 6 points, which is very unlikely. Happy Valley, can you tell me if there are specific application forms used for the process? There is nothing i can find on the local authority web pages or gvt pages to give any guidance.

[Mr Punter]

Yes you need to apply to have the condition varied or removed

 

https://www.planningportal.co.uk/info/200126/applications/60/consent_types/11