Prior approval refusal - width greater than half the width of the original dwellinghouse

[STEVEBAN]

hi forum members:

 

We submitted a larger home extension prior application for a 4m full width rear extension. This application was refused on the grounds below:

 

"Your prior approval notification has been refused because the enlarged part would form an extension with a width greater than half the width of the original dwellinghouse (attached to its side extension) and therefore it does not comply with Article 3,Schedule 2,Part 1,Class A of The Town and Country Planning (General Permitted Development) Order 2015 (as amended) "

 

We are unclear of this refusal. We don't have any side extension to the property. There is only a covered side passageway. This side passageway will continue to exist after the proposed extension. 

 

Could you please advise if council's interpretation of this side passageway as a side extension and the refusal correct? We are considering an appeal and grateful for any advice.  TIA. 

[dpmiller]

but it's not a passageway if it's part of the conservatory?

[STEVEBAN]

1 hour ago, dpmiller said:

but it's not a passageway if it's part of the conservatory?

We are trying to ascertain if it is.

We always considered this as a side passageway only - there is no proper flooring and it's 6" lower than the conservatory side floor. The use of this area is to store bins, rubbish and for access to the garden via the conservatory door. So it's bit surprising to discover it's considered as a side extension!

 

Is there any option to argue against the council's decision?

 

[STEVEBAN]

Also if we were to go through with our proposed design, and if prior application refusal remains valid - what's the next step? is it planning permission route instead of PD?

 

 

[DevilDamo]

I agree with the LPA’s decision. PD/PA isn’t always clear cut and straight forward. Your options are to apply for Full Planning or remove the part of the conservatory/roof that would end up connecting to the new extension. Bear in mind that would need to be removed prior to any re-submission.

[Temp]

On 22/02/2023 at 22:28, STEVEBAN said:

Also if we were to go through with our proposed design, and if prior application refusal remains valid - what's the next step? is it planning permission route instead of PD?

 

 

 

Yes, if its not "permitted development" then a planning application  is required. You can appeal if the planning application is refused.

[STEVEBAN]

Thanks everyone for your comments.

[Temp]

 @STEVEBAN  Is there any chance the side passage and conservatory were added before 1948? 

 

 

[STEVEBAN]

49 minutes ago, Temp said:

 @STEVEBAN  Is there any chance the side passage and conservatory were added before 1948? 

 

 

It's quite an old structure but I don't think it would be that old. My guess is 70's. I'll check if previous owner provided paperwork for this.