45 degree rule

[pep411]

Hi all,

My local council have the following policy

1)For a single-storey extension, measure from the middle of the ground-floor habitable window.

2)For two, or more, storey extensions the measurement is taken from the nearest quarter point of the habitable window at the relevant floor level.

I am freaking out about my planning permission. My house faces SW.

Please refer to attached figure. What's you interpretation on this rule.

The blue line is quieter point of neighbours window. Yellow is 45 deg rough guess. Red is where my proposed extension over garage will be. I am assuming front of house comes into 45 degree consideration.

The angle of house is such I am however unsure whether shadow will actual fall on neighbours window.

I am angry as inspite of asking my architect, he proceeded with PP application. I have paid 50% of fee.

 

[stevie888]

Why not wait on the outcome of the application. If it fails then you ream out the architect.

FWIW in my experience 45 deg rule seems ver arbitrarily applied and not generally to single storey

 

[pep411]

How do PP calculate angle. I mapped it with blue lines using protractor. The blue line on top of flat garage is where 2nd floor will be. Judging by this calculation I might be ok but ofcourse this is subject to size of image I.e. if image taken from height the line will move towards rear.

 

[endecotp]

How do PP calculate angle.

Likely from the location plan that you submitted with your planning application, which would normally be an extract from Ordnance Survey MasterMap. Or they’d look it up on MasterMap themselves.

ofcourse this is subject to size of image I.e. if image taken from height the line will move towards rear.

Huh?

 

[pep411]

Rule 2)For two, or more, storey extensions the measurement is taken from the nearest quarter point of the habitable window at the relevant floor level.

My above calculations are based quarter point of window. But since it's a bungalow, is the middle point relevant for my case.

 

[endecotp]

Based on what you’ve quoted, the middle vs. quarter choice is based on the number of floors of your extension, not the height of the neighbour’s property.

I don’t know what “relevant floor level” means.

 

[^woody^]

OS plans are notoriously incorrect for fine measurements, and aerial views can't be relied on either due to perspective and resolution. You should not rely on the council to measure it from these.

If this dimension was crucial, it should have been properly and accurately drawn on a plan to show compliance. You still can while the application is in progress.

However you need to confirm how the council will apply the rule to properties that are not already in line.

 

[blup]

Isn't your architect is just that, a designer/draftsman not a planning adviser.

 

[pep411]

Well not when extra charge is levied for submitting PP application. Why would be submit something when there is clear directions on policy which determines the outcome.

 

[stevie888]

Some LAs like a 1m set back from the boundary on the second floor which would actually pretty much match your blue diagonal line (which shoudn't be a million milles away as the picture is near on vertical.)

This is all hypothetical though until the council make their determination. If it passes then the architect is a fine chap and if they pull it on the 45 rule then he's incompetant.

You don't pay planning fees for a revised application and I would never charge a client for altering the drawings for this. I work on a fixed fee basis but set that fee level according to how many times I forsee having to tweak drawings along the way. I also assess if the initial wish list is likely to be approved and cost in the "free" resubmission.

 

[pep411]

Yes one metre element was what we had discussed prior to submission.

But this is 4th application similar extension on same row. My expectation was to get the 1st application water tight based on what the other applications had been through and speeden up the process.

 

[freddiemercurystwin]

Have you actually read the local plan to determine which parts of the 45 degree rule you actually need to comply with? If not you need to, then you demonstrate that as part of your planning application and can be sure what you submit complies with the local plan and the planners can tick the 45 degree box.

 

[pep411]

Yes the screenshot is the policy. My architect is handling submission. I am hoping a calculation figure is being submitted. ThrnPP was submitted 3 weeks ago. Successful payment. I still cannot see the application on website..only confirmation I have is of payment.

 

[^woody^]

Yes the screenshot is the policy. My architect is handling submission. I am hoping a calculation figure is being submitted. ThrnPP was submitted 3 weeks ago. Successful payment. I still cannot see the application on website..only confirmation I have is of payment.

You need to check that the application has been accepted, and is not just held pending further documents to be supplied to meet the council's validation criteria. Check your councils weekly list of applications.

Clearly, your situation does not match the image you posted about the how they will apply the rule
The 45° rule can be applied differently or not at all depending on the council's policy, so that needs to be determined.