Interpreting local council condition to application for side extension on the first floor

[EmmaSp]

Hi,

I checked one of the applications to have a first floor side extension for a house nearby one we are considering and found the following text:
"A side space of 1 metre shall be provided between the eastern elevation of the extension hereby permitted and the flank boundary of the property"

Does it mean that we would need to leave 1 m between the wall of the house next door and wall of the extension over the garage on the first floor? I.e. not able to use the full width of 2.54m but rather only that minus a metre?

even if the garage is currently attached to the house next door?

[Temp]

32 minutes ago, EmmaSp said:

Does it mean that we would need to leave 1 m between the wall of the house next door and wall of the extension over the garage on the first floor? I.e. not able to use the full width of 2.54m but rather only that minus a metre?

 

Unfortunately yes. 1m between the wall of your extension and the boundary. Doesn't give you much of an extension.

 

34 minutes ago, EmmaSp said:

even if the garage is currently attached to the house next door?

 

Yes.

 

Normally they also cite a reason or reference to a policy that contains reasons.

 

You could try appealing the condition using the justification tthat your proposal makes the situation no worse than it is currently. You only have 6 months from planning grant to appeal.

 

If your planning application included dinension you might be able to appeal on the grounds that the decision isn't clear. For example how can they approve drawings that can't be built? Would a passage way with rooms over  be considered a side space.

 

If you decide to appeal I would suggest asking a Planning Consultant what the best approach is.

 

Would a rear extension be a better option?  Possibly even moving? Would a small side extension add enough value?

 

Even if the condition is removed you might not be able to build right to the boundary. For example nothing must overhang the boundary without permission including eaves/verge.

 

The Party Wall Act might also add to costs if the neighbours want to be awkward. 

 

[Temp]

I also suspect the garage would need to be demolished and rebuilt as unlikely to carry the load of the extension?

 

Sorry to sound a bit pessimistic.

[Temp]

Link to other thread..

 

 

[Lofty718]

My local council also applies this rule in their planning guidance, but they generally ignore it so depending where you are you might not need to stick to the 1m rule on the second floor.