Home extension & the 45 degree code.

[^woody^]

If I was a planning officer and that was my job, I wouldn't be bothered that bothered about the 45 degree rule as it doesn't oversail the lines dramatically.

Then you would not be doing your job properly

The council has published policy stating that the 45 degree rule will be applied. There is no justification for the rule to be relaxed in this instance other than the OP wants a big extension.

The planner must enforce their own policy, or have a very exceptional reason not to. Wanting a big extension is not a reason

As a planning officer, your job is to look after the interests of the neighbours too, and perhaps the neighbour does not want a big extension next door blocking all their light

 

[DevilDamo]

Hence why I'm not a planning officer

As per your first post (^woody^), you stated...

Remember that the 45 degree line is taken from habitable rooms only, so if one of those lines is from a kitchen, then that does not count

I know the link to the guidance document was mentioned after your post and in that, it states...

To comply with the 45 o Code, extensions should be designed so as not to cross the appropriate 45 o line from an adjoining neighbour’s nearest window which lights a habitable room or kitchen.

And after a past experience with a LA I deal with, I put the 45 degree rule question to their senior planner and how it does not include kitchens to which he replied that "some" kitchens are deemed as habitable rooms if they are deeper than 2m.

It would be a lot easier if the OP put his proposed drawing infront of the planners for their informal opinions.

 

[ididmybest]

Hi devil damo

How would you judge my case, just out of interest?

My neighbours proposed first floor extension will block over half my window.
Their house is higher and set further forward than ours
They will break the 45 degree rule by nearly 13feet
I have objected to the plan at the council office and have total support of my parish council. Hopefully attacthed picture from my window. Their currant extension is at bottom of pictur.

Question: would you give this planning permission?

 

[ididmybest]

View media item 27268 View media item 27269 View media item 27270 Sorry damo forgot to put them on first one

 

[DevilDamo]

I'm not a planning officer (thank the lord), but based on those photo's, I would be very surprised if permission was granted for that first floor extension. There's a path between the boundary fence and the wall to the neighbouring property but even with that additional width, the 45 degree line would still appear to be broken.

Some LPA's do not have specific guidance relating to this rule. The LPA would just take a view on it to see how the proposal affects the neighbouring property(ies) and they too would still take a dislike to the proposal... in my opinion.

 

[ididmybest]

When I opposed my neighbours extension plans I sent in plenty of evidence and photos to back my claim and even had total support of the parish council. Well! today I'm informed their probly going to get it!. All the people I've spoken to say no way will they get it, but it just proves that what our local paper says about the planning office is right.

 

[DevilDamo]

The client may have offered the LPA some cash as a friendly gesture to see it through planning

 

[ididmybest]

would'nt be surpized!. According to planning officer if they was'nt given permission and appealed it would cost the office money. I stated that it would affect our resale value, and she agreed.

But! as our local paper slamed our planning office, I thought I'd just send him an email and fill him in

 

[DevilDamo]

it would cost the office money.

Well yes... it's not rocket science. And the LPA take a view on it if it was to go to appeal and the chances of the LPA winning.

Appeal's aren't cheap. Well it's dependant on a number of factors but I was quoted approx. £2,500 for a small front extension to a shop. The client decided against it.

 

[jeds]

it would cost the office money.

Well yes... it's not rocket science. And the LPA take a view on it if it was to go to appeal and the chances of the LPA winning.

Appeal's aren't cheap. Well it's dependant on a number of factors but I was quoted approx. £2,500 for a small front extension to a shop. The client decided against it.

I think this is more a question of claiming costs. In the past anything slightly difficult or took a bit of effort to sort out would be refused rather than make a decision. Anything slightly controversial or would upset anybody would be refused. The word in the planning offices was if in doubt refuse it and let the inpector make the decision. There was no comeback on them whatsoever so they could waste everybodys time and money with impunity.

That's all changed now because an applicant can now claim costs if they win an appeal. Of course the LA can claim costs as well but that's also good as it stops idiots proceeding with appeals that have no chance.

I have been through several dozen appeals both full hearing and written and some of them were nothing short of a scandalous waste. Planning departments now actually have to think about what they are doing and take the consequences of wasting everbodys time.

Having said that I suppose I ought to comment on the OPs situtation. What people have to remember is that planning departments are supposed to consider if something is lawful. If it's lawful then the liklihood is that it will be allowed - whether people like it or not is a secondary factor. My guess is that the LA have no legal reason to refuse the next door extension.

 

[chris2922]

Just a quick post to finish this thread off - the planning dept have passed the plans.

Looks like the 45 degree rule is open to some interpretation, and the planning officer was reasonable enough to let it pass. I'm thrilled as you can imagine. Now there's the small problem of doing the same with Building Regs.

In the meantime, thanks for your advice and guidance, and i hope this thread helps someone else who is as unsure about the 45 degree rule as i was.

 

[^woody^]

Nice to see an update

With regards to b/regs, well BCO's are less fussy than planners