Scale back planning permission application and get the rest via PD

[Mitchell14]

Hello,

long story short, I have an application in for a front double porch, extending side garage to have a gable roof to match the rest of the house (existing is flat) and a rear double. Planning officer already indicated it’s too big, so here’s my quandary. 
 

As it stands now, I have full PD rights so can get pretty much the rear how I want it, but PD for the garage will be restricted, and the double porch is a non starter (existing single porch). Could I scale back the plans, do the porch and garage which comes under the 30percent limit (greenbelt), then do the rest under PD?

 

It feels far too obvious and I assume the council have seen this done, or attempted to be done before. I have seen they can revoke PD rights once passing an app, so the danger is I could get my double porch, garage but then no way to do the rear. Do they advise they will revoke PD before passing an app or would I only find out once it was passed or rejected? 
 

any advice would be much appreciated, thank you 

[DevilDamo]

That is a work around, providing the Phase 2 parts do meet the PD requirements.

 

As you mention, they could withdraw your PD rights especially if they consider you have reached the maximum allowable uplift. They may discuss the withdrawal of PD rights prior to making the formal determination. It may be a case that if you don’t agree, you’ll be refused Planning. So it depends what’s more crucial and important… the works that require formal approval or the PD works. Also remember that the conditions of that approval only kick in once you implement those works. So if you receive approval with PD rights removed and never start those works… you do still have PD rights.

[mr rusty]

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So if you receive approval with PD rights removed and never start those works… you do still have PD rights.

Hi @DevilDamo

 

What would happen if you had PD rights removed but didn't start the planned works before the PD work was complete. Could you still get a LDC? for the PD work with unstarted planned work? would the planned works be revoked even if it could still be subsequently started within the 3 years? 

[DevilDamo]

I think I know what you’re asking. So if you had Full Planning approval that removed PD works but you hadn’t yet started those Full Planning works, then you can crack on with the PD works. Once the PD works are complete, you can then start the Full Planning works. However, the LPA could then turn round and say your Full Planning approval is invalid as you have now changed the “existing” house.

 

It’s always advisable to implement and complete any PD works prior to applying for any Full Planning works. One of those reasons being that a Full Planning approval can withdraw your PD rights. But in the OP’s case, should they apply for Full Planning once the PD works have been completed, then the LPA would see how much of an impact those PD works have in relation to the 30% uplift figure within the Green Belt.

[BigBub]

It's a bit of a catch 22 to be honest. Even if you first built the bits under PD that you wanted, those additions would then go towards the 30% calculation and so you may be refused permission for the parts that can't be built under PD if it would exceed the 30% figure.

[Mitchell14]

Thanks all for the advice 

 

we’ve managed to scale down the rear to bang on 30 percent, so will put that in via planning and hope for the best.

 

Hopeful they won’t remove PD and if not will raise the garage roof that way