PD on an extended semi detached house

[GoodDIYjob]

We have submitted designs for a 4.85M single storey extension under the extended permitted development regs requiring prior notification and neighbour consultation.

The house in a 1920s semi.

Background

We've made some minor amendments and resubmitted a new application to bring the rear back within the 45 degree rule (although the neigbour extension presently breaches our 45 degree line) but the council has turned it down again on amenity impact to the joined neighbour and we are thinking we probably want to appeal as we don't really understand how the amenity impact can be so great.

The neighbour's rear elevation is already extended out 2.5m so we are only going out 2.35M beyond that.

Question 1

The issue I would appreciate some clarity on is how does the existing two story extension across part of the rear elevation, completed during the mid 80s, affect the permitted development permission?

The existing 2 storey extension is approximately 2.75m wide and 1.9M deep. It has a pitched roof. It was done under planning permission.

Our current plans extend from the original elevation and around this two storey extension accross the full width of the rear, but only to a maximum of 4.85M. In front of the two storey extension the single storey extension would only be 2.95m (4.85-2.9).

This must be something that come up fairly often? Our designer was initially unsure how the council would treat the extension under permitted development, so I called them, before lodging originally, to ask if the existing extension would mean that PD is not an option due to the original extension and they said that as long as the existing extension and the new extension in total did not go beyond the 6M extended measures, then it would be ok.

Now we are at appeal stage, I'm nervous that the council may have that aspect wrong and even if we get an independent review to reconsider the amenity impact, they could disqualify for another technicality the local council have missed regarding the previous extension.

The council have been less than impressive and unhelpful at all stages really and have made a number of mistakes of fact already.

Question 2
Also considering getting a planning consultant to help at this stage - would this be money well spent?

Thanks in advance

 

[tony1851]

Your council is incorrect - the whole (including the two-storey part) is counted as 'the' extension; what you are proposing should
not have been dealt with under the neighbour consultation scheme and would need a normal planning application.

The neighbour notification scheme only applies to single-storey extensions.

 

[GoodDIYjob]

Ok, thanks Tony. I have started to suspect that is the case inspite of the council's written rejections which do not raise the issue in any way!

That means, unless I've misunderstood, it is going to be best course of action to reapply under planning, then appeal that. Sounds like a recipe for a failed appeal if it doesn't meet pd requirements. Incidentally is this just a principle or is it a reg or guidance somewhere explaining this. I tried searching and looking at the government technical guidance before phoning the council but the scenario just doesn't seem to be covered? Do you have a view on using planning consultants for appeals?

 

[tony1851]

I suspect if you appealed this application, an inspector would state that it could never have been permitted development anyway, and
dismiss the appeal.
Perhaps best to submit a proper planning application and take it from there. If the neighbour already has an extension, it should not affect their amenity to any significant degree, and that should be a good basis for an appeal.

 

[GoodDIYjob]

Yes, they have an extension 2.5M, out from our rear [original] elevations. But what we want to do is go out as far as they are forward of us now, so another 2.35M - all single storey.