Our planning has been turned down today.

[Michelle40]

Our application which I think is a section 73 has been turned down, we screwed up I guess and took on a bigger job than we probably should have done and now we are not sure what to do.  We achieved planning for wrap around extension with a flat roof and with a 2nd storey extension. The section 73 is our cladding is not what was specified, our parapet wall is not correct and we have increased the size of the porch. 

 

We have metal cladding when render was specified, Metal cladding is in the design guide for the county, and the metal cladders have advised us of at least 20 other properties that have achieved planning locally with extensive metal cladding.  

 

The porch has increased in size it is not visible to anyone other than our neighbour (it was increased to make it wheelchair accessible for our daughter, the groundworkers told us the original size wasn't big enough to make it accessible

 

The parapet wall is continuous in length rather than a drop in the middle. (The builders just did it like that no idea why) 

 

We never intended to be in this position, it was our lack of knowledge rather than intent that led us here. 

 

My question is Do I need professional help to appeal ? My guess is yes as I have failed so miserably with the S73 !

 

 

 

 

 

[DevilDamo]

So you had Planning for something, built it not in accordance with the approval, tried to deal with those changes via a Variation of Condition/S73 application and that has now been refused?

[ProDave]

No you just need to undo the wrong bits and re do them in accordance with the planning permission that was granted.

[Michelle40]

2 hours ago, DevilDamo said:

So you had Planning for something, built it not in accordance with the approval, tried to deal with those changes via a Variation of Condition/S73 application and that has now been refused?

Yes, that is the without my waffle above the situation we are in.

[Michelle40]

47 minutes ago, ProDave said:

No you just need to undo the wrong bits and re do them in accordance with the planning permission that was granted.

That is what the simple answer would be, we have done the work to build an accessible home, we have had the planners round and they originally told us it should be ok, then the neighbour put an objection in.  If we reduce the porch to the original size it won't be accessible.

 

Cladding we could remove but the planners have said they could accept that bit. 

 

The parapet wall, is this not the bit that keeps the roof on (we are coastal) and if we had gone permitted development we would be fine we think. 

 

 

 

 

 

 

 

 

[kandgmitchell]

6 hours ago, DevilDamo said:

So you had Planning for something, built it not in accordance with the approval, tried to deal with those changes via a Variation of Condition/S73 application and that has now been refused?

So, you have three issues? The cladding, the porch and the parapet - correct? The planners have said they would accept the cladding so park that, what about the parapet? The approach with planners is to avoid bundling up too much at once. If they dislike one thing it can poison the whole lot. First job is to establish exactly what of these changes they would accept. Then consider going back with a revised s73 just on those matters. 

If it is just the porch I wonder if a retrospective planning application just for that may be worth it - you can then clearly make the case for the accessibility and that may swing the decision back in your favour. Lets see if DevilDamo has any thoughts.

[BadgerBadger]

First thing to consider, what were the reasons given for the refusal?!

[Andehh]

Sorry OP, that's a pretty basic thing to have gotten wrong!

 

You need to weigh up the cost to rectify back to what you had permission for vs time, money and effort vs fighting it. Probably win in the long term if you can show what you've built is in keeping with existing design principles in your immediate area.

 

Porch may be tricky if it's in front of a building line or equiv. How much bigger did you make it?

 

I'd probably look at finding a local planning consultant in your immediate area to advise on the potential of a successful appeal, and pull something together! I could imagine being on the back foot for

[joe90]

17 hours ago, Michelle40 said:

The parapet wall is continuous in length rather than a drop in the middle. (The builders just did it like that no idea why) 

Then that is for your builder to put right at his expense

3 hours ago, kandgmitchell said:

The planners have said they would accept the cladding so park that,

So not a problem.

7 hours ago, Michelle40 said:

If we reduce the porch to the original size it won't be accessible.

Go cap in hand to the planners for a solution, accessibility is a real need.   

[ProDave]

If the planners refused a porch saying it is too big and you say it needs to be that big to be accessible, then that would be good grounds for appeal.  Perhaps just telling your planners that is what you will do if they refuse it, might make them reconsider?

[DevilDamo]

Was the disabled access a requirement or decision made post Planning approval?

 

You mentioned the cladding can be dealt with. Sounds like the parapet wall can also be dealt with. Yes, there will be some disruption but it hasn’t been built in accordance with the approved drawings. Whether the builders would take the flack for that is another thing.