Height of rear extension

[Star29]

previous application was with a dormer on the loft, but we then made that PD.

we are going to go back to them and ask them how they think we should have measure the 3 metres and from what point, because if the rear extension was under PD it would have been fine, its only because we have side double under planning.

we also going to highlight to them that the offers reports says it wouldn't affect the neighbours and see what they say.

 

[rjm2k]

we are going to go back to them and ask them how they think we should have measure the 3 metres and from what point,

And then ask them where your plans which they approved say/show you will measure heights from or where the officers report says anything about measuring the heights from a special location

we also going to highlight to them that the offers reports says it wouldn't affect the neighbours and see what they say.

what can they say?! the officer was wrong? who's fault is that other than theirs?

 

[tony1851]

As above; don't be bounced into another application.
rjm has correctly pointed out that enforcement is not considered approriate for a 'minor or technical breach'

The council officers will be assuming you do not know the ropes. Don't get them off the hook by doing those ridiculous alterations they have asked for.
If the neighbour hasn't complained, so much the better.

Google PPG 18 and read p2.

 

[rjm2k]

Google PPG 18 and read p2.

That's been superced by a document (National Planning Policy Framework) that merely says

Enforcement
207. Effective enforcement is important as a means of maintaining public
confidence in the planning system. Enforcement action is discretionary, and
local planning authorities should act proportionately in responding to
suspected breaches of planning control. Local planning authorities should
consider publishing a local enforcement plan to manage enforcement
proactively, in a way that is appropriate to their area. This should set out how
they will monitor the implementation of planning permissions, investigate
alleged cases of unauthorised development and take action where it is
appropriate to do so."

Though strangely parliament seem to still think PPG 18 is in effect

https://www.google.com/url?sa=t&rct...522-Jge6_ghMsQA&bvm=bv.50768961,d.d2k&cad=rja


which references this

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7707/321199.pdf



So it seems to boil down to the LAs statement on enforcement?

 

[rjm2k]

Any progress?

 

[Star29]

we have to put a new planning application for a flat roof and show how we want our patio. this is the easier option as opposed to keep the pitch roof but then reduce the height apparently.

i don't think this has actually address the actual problem that they have passed an application that in practice doesn't work. We dont have any more funds to go through legal as this the most cost effective way to get things done and move into our house.

the neighbours that have complained have done some building work and converted their garage into a liveable room.

 

[rjm2k]

Are you really submitting a new application?

 

[Star29]

i dont see we have any other choice really.

we have not been living in our house already for year due to this issue. At least this way we know where we stand even though i still believe we are in the right.

 

[rjm2k]

How has this prevented you from living there? Has the build not been completed?

Will you knock the extension down if they refuse the new application?

 

[Star29]

they will preview the new application before we submit. the senior planner has suggested what we put in, so hopefully it will not be rejected.

its a building site- no heating, water, boiler.

 

[rjm2k]

How did it go

 

[simonjay]

hopefully it will not be rejected

 

[rjm2k]

bump