6 meter rear extension

[firbest]

Below is the clear image of the house rear.

 

[tony1851]

In that case, if they mistakenly grant a LDC, or planning permission, or listed building consent .....

If you read a prior notice determination (yes a determination), it will say that the proposed development, built in accordance with the supplied plans complies with A.4 of Schedule 2 Part 1 Class A of the Town and Country Planning (General Permitted Development) Order 2015.

So they are saying (determining) that the work is PD.

So if I send in a notification supported by drawings saying that the extension will go out no more than 16m from the rear wall, and some junior planning officer misses the "1" before the 6m, and says it's permitted development and gives me the OK? - I don't think so.
If the next door neighbour woke up to find a 16m extension along his boundary, he would complain to the council, and the council could not say it is permitted development, when clearly the rules say it isn't.
It would be an administartive error, and in those circumstances, the neighbour could rightly demand some compensation for loss of amenity.
The fact that the council have made an (incorrect) determination does not automatically grant the work planning permission.

 

[^woody^]

It would be an administartive error, and in those circumstances, the neighbour could rightly demand some compensation for loss of amenity.

Yes he could. But he would have to go through the Local Government Ombudsman who can't alter the decision, only rule on maladministration.

 

[tony1851]

Yes he could. But he would have to go through the Local Government Ombudsman who can't alter the decision, only rule on maladministration.

I agree with that, and the Ombudsman would give the council a slapped wrist, and maybe some compensation to the agrieved neighbour (though by how much such loss of amenity would reduce the value of his property would doubtless be raised as an issue).

As for me with my 16m extension, I would also be in no-mans' land because I would have an unlawful extension which the council wouldn't enforce against because of the cost implications; with no chance of planning permission or an LDC, so that might also affect a future sale of my property.

 

[^woody^]

As for me with my 16m extension, I would also be in no-mans' land because I would have an unlawful extension

No you wouldn't, you have been given permission! Rightly or wrongly.

Btw, in this scenario, (as with other planning approvals) there are so many checks and sign offs, by different people, it's unlikely to occur.

 

[firbest]

So should i just withdraw the Lawful Development Certificate and just build with my Prior Approval Not Required ? Or if i build now they can take enforcement action.

 

[tony1851]

So should i just withdraw the Lawful Development Certificate and just build with my Prior Approval Not Required ? Or if i build now they can take enforcement action.

It's a pity you didn't build it after you got the approval notice; the council could hardly have come on you at that stage because they stated it would be OK to go ahead.
However, since applying for your LDC, they have made you aware of the problem so you can't now say you weren't warned that it was not permitted development.
I agree that the council has handled this very badly and is certainly guilty of maladministration. But not sure if you can make any financial claim as you haven't actually lost anything. Your agent was also asleep on the job because he/she should have advised you that the scheme would not have been permitted development because of the (original) bay window wall at ground floor level. Would you have paid to have plans prepared had he initially told you that it was not permitted development?

 

[firbest]

cannot believe it council is just trying ways to avoid giving the rights of permitted development. I was reading this https://planningjungle.com/wp-conte...-10-Worst-Permitted-Development-Loopholes.pdf maybe a loop hole so i can maybe keep a 2.50cm gap and say its a outhouse.

 

[tony1851]

cannot believe it council is just trying ways to avoid giving the rights of permitted development.

All councils do that - they want to get as many people as possible to make planning applications rather than use permitted development.
a) it gives them more money and b) they enjoy their little power trips of telling people what they can and can't have - it's called The Public Sector.

 

[Leofric]

Good God that's horrific,

- a good reason not to allow loft extensions as permitted development ,and many other extensions

 

[noseall]

Below is the clear image of the house rear.

View attachment 168863

Christ on a bike! That's awful. It's enough to make Chris Wren weep.

 

[tony1851]

Christ on a bike! That's awful. It's enough to make Chris Wren weep.

'If thine eye offends thee, pluck it out'

 

[Leofric]

they enjoy their little power trips of telling people what they can and can't have - it's called The Public Sector.

It's called the planning process Would you just let anybody build whatever they wanted whatever it might look like - oh ,yes , sorry I forgot ,you would Tony

 

[tony1851]

It's called the planning process Would you just let anybody build whatever they wanted whatever it might look like - oh ,yes , sorry I forgot ,you would Tony

I agree it doesn't look good, but people need the space, and children should not be confined to rabbit-hutch housing.
J.B.Priestly wrote: " we should be content to make the country hideous if all the people in it were tolerably-well housed".

 

[Leofric]

J.B.Priestly wrote: " we should be content to make the country hideous if all the people in it were tolerably-well housed".

- but they don't have to be hideous ,that's where design comes in , just some consideration for the appearance would help.