Legal basis for refusal of permitted development in conservation area

[NCXo82ike]

Hi all,

 

I'm just about to get a refusal on a mid-terrace wraparound extension and want to figure out the details ready to appeal.

 

This is in a conservation area and local planners therefore require planning permission. This will extend to 10m total length- no more than 3m beyond the original rear. The side return of each house is 1.8m- so the neighbours on one side would have a 10m wall running 1.8m from their house. They, understandably, would rather keep the (scrappy) fence, noting they can't afford any building work. We've designed a chamfer so the wall is ~2.6m and slopes sharply up to a flat green roof ~0.6m from the boundary.

 

My understanding is that with eaves under 3m and rear extension no more than 3m from the original rear of the house this would be eligible for PD.

 

The planners think this doesn't provide enough relief to concerns about it overbearing the neighbours (who objected, but would object to any wall there). Funnily enough the planner told me there hasn't even been a conservation area report for our application. Other similar and larger ground floor proposals have explicit comments saying there isn't a conservation concern.

 

If I understand correctly, anywhere outside of a conservation area the proposal would be automatically be considered acceptable.

Surely the purpose of using Article 4s to restrict PD using Article 4s is to ensure conservation isn't compromised?

 

My key question is this: why is neighbours' amenity considered differently (i.e. given additional weight) in a conservation area? Is there any legal basis for this?

Edited July 4, 2023 by NCXo82ike

[DevilDamo]

There are not many situations where wraparound extensions fall within PD. Can you upload some drawings so we can see exactly what is being proposed?

[NCXo82ike]

I've read more detail now about wraparounds and nearly never being allowed under PD- my mistake.

However I wonder if you have any thoughts on my question in principle, outside of this specific case? 

 

 

19 minutes ago, DevilDamo said:

There are not many situations where wraparound extensions fall within PD. Can you upload some drawings so we can see exactly what is being proposed?

 

Edited July 4, 2023 by NCXo82ike

[Temp]

Bear in mind your gutters can't overhang the boundary so the wall will probably be set back a little from the boundary.. so you could probably put the fence back?

[Temp]

This is permitted development in a Conservation area. Provided it meets the height rules and is more than 7m from rear boundary. On a wrap around I think it's PD provided it's not more than half the width of the original house. So you can't wrap it all the way around like this. A partial wrap is possible I believe.

 

 

 

 

 

Edited July 4, 2023 by Temp

[NCXo82ike]

Thanks @Temp that's clarified it. I had assumed it all came under rear extension given that it's within the existing with of the house.

But interesting to note your first example- that does show that a 3m high 10m long wall could theoretically fall under permitted development. 

 

Can you share the source for those illustrations please?

 

[Temp]

They are from the tech guide here..

 

https://www.gov.uk/government/publications/permitted-development-rights-for-householders-technical-guidance

 

If you see references to "Article 2(3) land" that means conservation areas, national parks and AONB . 

 

[Temp]

9 minutes ago, NCXo82ike said:

But interesting to note your first example- that does show that a 3m high 10m long wall could theoretically fall under permitted development. 

 

 

 

Yes 3m is OK.. 

 

Quote

 

Where any part of a proposed extension to a house is within 2 metres of the boundary of its curtilage, then the maximum height of the eaves that is allowed for the proposal is 3 metres. Under paragraph (ja) if the proposed extension is within these limitations, but is being joined to a previous enlargement which exceeds these limitations, it will not be permitted development.

 

Guidance on measurement of height of eaves is covered under paragraph (d) above.

 

 

[NCXo82ike]

7 hours ago, Temp said:

They are from the tech guide here..

 

https://www.gov.uk/government/publications/permitted-development-rights-for-householders-technical-guidance

 

If you see references to "Article 2(3) land" that means conservation areas, national parks and AONB . 

 

Amazing, thank you.

 

 

[Jilly]

If the neighbour is objecting and can’t afford a new boundary fence, could you offer to replace it to help appease them?

Edited July 13, 2023 by Jilly