6m Extension and 3.5m side extension

[Hiten Rabadia]

Hi all,

I wanted some advice on this as the council havent been helpful.

I currently have an existing a 3.5m rear extension that goes all the way across from the original house to the side extension. I recently applied for a 6m extension under prior approval and in order for me to get it passed I had to remove the side extension in the drawing go out 6 meters from the original house. I then went through preplanning to see if I can get 6 meters for the side infill. The council said they wont grant it.

My question is have I now lost the 3.5m side infill and have to reapply for what or can I use the previously approved planning as it has already been built and go ahead and build the 6m extension and join it onto the 3.5m side extension.

Thanks

Hiten

 

[DevilDamo]

I hope others will understand this as I sure don’t

Can you upload some floor plans, which may help illustrate the situation?

 

[Hiten Rabadia]

So in the existing drawing it shows i have a 3.5m rear extension.

Approved is the latest shows that i have removed the side rear extension and gone 6m out.

New build is what i have approved if i combine the existing building and approved.

Hopefully this makes sense

 

[DevilDamo]

So it looks like you have the existing single storey (3.5m deep) rear extension, which extends across the entire width of the property. This rear extension appears to connect to a two storey side extension?

Your PD/Prior Approval for a 6m deep rear extension is now shown to the rear of the "original" house as previously, it was shown to connect to the previous two storey side extension. Under PD/Prior Approval, the LPA cannot really prevent you from carrying out the 6m deep extension as shown.

However, any application to infill behind the existing two storey side extension would require formal Planning. It sounds like the LPA are resisting any development to that infill, which is probably because due to the loss of outlook/daylight to the neighbouring property. You cannot combine previous Planning and current PD/Prior Approval in this instance. You either have one or the other. I assume the 6m deep rear extension is more important and of use than the current 3.5m deep rear extension?

 

[Hiten Rabadia]

That is right, but i am thinking if i apply for 3.5m by 1.5m on the side extension again as i already have it, in theory they shouldn't reject it. The council have said no to the full length (6m by 1.5m) and i am proposing to keep just the existing.

Thanks

Hiten

 

[DevilDamo]

To apply/build that infill extension would first of all mean you’d have to demolish the existing extension and build the PD/Prior Approval extension first.

Irrespective that you already have the 3.5m extension, once it’s demolished, the LPA will treat and determine it as a new build along with its impact on neighbours. They cannot apply the same principles for an existing extension.

It looks like you can’t have both so decide which is more important and useful.

 

[Hiten Rabadia]

Ok so i cannot apply for it now without having to knock down the building?

 

[DevilDamo]

Your 6m extension is only permitted under PA if you demolish the 3.5m part to the rear of the two storey side extension. This is also why the LPA asked for you to remove it from the drawing.

If you would still like the 3.5m infill, you will have to demolish the existing extension, build out the 6m extension and then re-apply for that infill.

I’m not sure what else to say or suggest as I can’t make it any clearer. Why are you not putting these questions to your architect... or are you the architect?

 

[Hiten Rabadia]

So my architect is saying that I can apply for it and they should give it as i already have it. The council haven't been much help.

 

[DevilDamo]

For the Council to refuse something, it would have to go against their policies.

Take the advice of your architect and see where that gets you. They’re the ones who should be advising you.

 

[Captain Nemesis]

Count yourself lucky that you still have the 6m PA scheme available to you....?

 

[Loofah]

Well you have two versions of what will happen, your architects and the unhelpful council. The only way you'll know is by filing the application. If it's refused you can amend and resubmit for no additional charge.

I think the existing extension may be an issue for any PD rights (not certain) but that might be what is causing a problem from a council point of view