Stopping the clock and appeal legality

[Thandibilli]

Hello all,

 

I need some advice regarding my extension. Any help is deeply appreciated.

 

So, I bought my house in October 2021. At the time, it already had a planning permission for two storey side extension and a single storey rear extension

http://planning.welhat.gov.uk/Planning/Display/6/2019/2744/HOUSE

 

The permission expires in Jan 2023.

 

We were not completely happy with the rear extension placement, so we consulted the same designer to apply for a different design. After a lot of discussion, in Feb 2022, the designer applied for a "VARIATION OF CONDITION" application instead of another planning application, which got approved on 31st March

http://planning.welhat.gov.uk/Planning/Display/6/2022/0247/VAR

 

On 12th April, the designer applied for the second part (rear extension) as a complete new application this time

http://planning.welhat.gov.uk/Planning/Display/6/2022/0893/HOUSE

 

At the time, we were not aware that the first application was a "Variation of condition", and that the expiry remains the same as original (Jan 2023)

 

The second application was rejected due to many reasons (which I will get to later)

 

Now, due to rising costs, we just want to do a loft conversion but don't want to lose the side extension permission. So, we are laying foundations for it next week. 

Is this sufficient for it to be considered as a "commence works by..."? Do I need to finish works in any specific time after commencement?

 

I read conflicting statements that the works need to finish in 3 years as well, hence my confusion.

 

The previous owner also applied for a garage in 2014

http://planning.welhat.gov.uk/Planning/Display/S6/2013/1967/FP

He hasn't built a garage but had laid concrete drive. Can I still build a garage without a new application?

 

Now, the rear extension was rejected for some very silly reasons citing that it was too bulky (that I do not agree) and cuts into corbel (which I agree to a degree).

I made an appeal explaining how it is not bulky at all and submitted additional plans to inset the flank wall so it does not cut into the corbel. The appeal was dismissed 

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3301686&CoID=0

 

The appeal officer does not say anything about the bulk and only addresses the corbel issue. Even though I submitted plans with the appeal, he says "Reference is made to plans that set the north-east wall of the proposed extension back by 20cm to the right. I have not been provided with these plans.". Can I do anything about this?

 

If I were to submit another planning application, do I have to make any changes other than what appeal officer has suggested?

 

The rear extension is a part-two storey, part single storey. If I remove the part-single storey, I think it satisfies all permitted development rules. What I'm not sure is cutting into corbel. Although this is against the national planning framework, permitted development does not raise any such issue, or does it?

 

 

 

 

 

1682-07 first floor inset roof and floor plan.pdf 1682-08 first floor inset elevations.pdf

[Mr Punter]

The work needs to commence before the permission expires.  Once commenced it can take as long as you like.  Get the planners or building control to confirm that the work you have done constitutes commencement.  Often doing the foundations is required.

 

The garage consent has expired.  A driveway would not normally be considered commencement.

 

I think you may need to bring the wall in so that neither it nor the eaves clash with the corbelled parapet wall.  Do it on ground and first floor and lose the step.  Does your LA use the edge of the neighbouring window for the 45 degree rule?  Some use the centre I think so you could maybe have the same size, just shifted along.

[Thandibilli]

On 09/11/2022 at 15:03, Mr Punter said:

The work needs to commence before the permission expires.  Once commenced it can take as long as you like.  Get the planners or building control to confirm that the work you have done constitutes commencement.  Often doing the foundations is required.

 

The garage consent has expired.  A driveway would not normally be considered commencement.

 

I think you may need to bring the wall in so that neither it nor the eaves clash with the corbelled parapet wall.  Do it on ground and first floor and lose the step.  Does your LA use the edge of the neighbouring window for the 45 degree rule?  Some use the centre I think so you could maybe have the same size, just shifted along.

 

Thanks for clearing confusion around the commencement. I'm indeed laying foundations and building control has been notified and they have accepted it.

 

Regarding the garage, I don't know if the previous owner has notified building control (I will check with him) but the drive is a proper concrete base. I think they stopped after laying foundations. If there was a building control notice ever applied for it at the time and foundations were signed off, will it still not be enough to keep it alive?

 

Yea, my designer is a bit horrible. I asked them to move the whole thing (first and ground floor) and they sent me that instead. In any case, I'm not too happy that the appeal office did not even consider that. I guess I cannot do anything about it.

 

If I remove the part-single storey bit and the rendering, would it fall under permitted development, despite eaves cutting into corbel? I can't find any guidance on this bit

 

[Temp]

20 minutes ago, Thandibilli said:

I'm indeed laying foundations and building control has been notified and they have accepted it.

 

That's normally all you need.

 

If you really want to you can apply for a certificate of lawfulness on the grounds development has started. But there is a fee for that.