Planner missed email, now wants withdrawal of application

[DC1977]

Hi

Wonder if anyone can help with this....
Put in plans for single storey wrap around extension which were approved. Then after living in property for a while, put in new plans with to make side extension two storey. We have not built the approved single storey extension yet. The description of new plans was "Proposed first floor side extension". The plans clearly show existing elevations and proposed for our neighbours in the consultation. I also discussed with our neighbours what are new plans entailed. No objections.

The planner emails me in June asking if the single storey wraparound has been built, I reply immediately and say no.

I then get a call today saying I should withdraw the application because the description is wrong on the new application, as the ground floor extension does not exist yet. I asked him why he didn't say this when I replied to him in June, he said he was too busy and missed the email.

The depth of our foundations will be affected whether we get the two storey approval or not, so i don't want to wait to apply again once the ground floor is built, in case the first floor is not approved.

Anything I can do here? I have asked him to go back to his manager, as I did respond to him in June, to see can they go ahead and assess the application but I suspect that they still wont look at it.

Hope this makes some sort of sense?!

 

[frutbunn]

The depth of our foundations will be affected whether we get the two storey approval or not

This won't make any difference to the depth of foundations.

 

[Nakajo]

I don't really follow. Was the second application a 'planning application' or a 'prior approval application' under the Neighbour Consultation Scheme?

 

[DC1977]

This won't make any difference to the depth of foundations.

We have to pile the front part of the side extension, our structural engineer seems to think it will affect the length of the piles. We are removing some walls which might be increasing the load?

 

[DC1977]

I don't really follow. Was the second application a 'planning application' or a 'prior approval application' under the Neighbour Consultation Scheme?

It is a new planning application

 

[sxturbo]

We have to pile the front part of the side extension, our structural engineer seems to think it will affect the length of the piles. We are removing some walls which might be increasing the load?

I thought it was part of building regs that all foundations had to be enough for double storey whether the second storey was going to be built or not. I think this was so that it made it easier for future plans or owners to build on too if they wanted and got the correct approvals.

 

[DC1977]

I thought it was part of building regs that all foundations had to be enough for double storey whether the second storey was going to be built or not. I think this was so that it made it easier for future plans or owners to build on too if they wanted and got the correct approvals.

To be honest I dont know. Although I know our engineer is waiting on what is approved to give size of piles to required to contractor. Anyone got info or can help on the issue with the description of the proposal (see above)?

 

[frutbunn]

I thought it was part of building regs that all foundations had to be enough for double storey whether the second storey was going to be built or not. I think this was so that it made it easier for future plans or owners to build on too if they wanted and got the correct approvals.

My first reply assumed traditional strip founds.
B regs would only take account of the loads imposed by that particular application, any allowance for future additional loads would be down to the developer to consider.
In reality a traditional strip found built to current B regs for a single storey would still be OK for an additional storey in the vast majority of cases.

 

[Nakajo]

I think I'd take professional advice in this instance. As for your foundations, I can't see what difference it makes to their depth. It's pennies in the grand scheme of things.

 

[DC1977]

I think I'd take professional advice in this instance. As for your foundations, I can't see what difference it makes to their depth. It's pennies in the grand scheme of things.

You mean regarding the planning application? I'm not sure who to take professional advice from though!

 

[Nakajo]

Perhaps others can advise, but I'm struggling to see what the mistake is that the planner thinks you've made. I would try to gather as much information as you can from them on this (a phone call works best), and whether they'd be minded to approve or refuse the application were it to be resubmitted. If the indications are positive, then what's the harm in withdrawing and resubmitting the application? Otherwise, I can't see the point in withdrawing. Might as well proceed, take the refusal, and lodge the appeal. So maybe you don't need professional help after all, but I just thought a planning lawyer might be able to figure out what was going on here. Either way, build the foundations for the two-storey scheme.

 

[DC1977]

Perhaps others can advise, but I'm struggling to see what the mistake is that the planner thinks you've made. I would try to gather as much information as you can from them on this (a phone call works best), and whether they'd be minded to approve or refuse the application were it to be resubmitted. If the indications are positive, then what's the harm in withdrawing and resubmitting the application? Otherwise, I can't see the point in withdrawing. Might as well proceed, take the refusal, and lodge the appeal. So maybe you don't need professional help after all, but I just thought a planning lawyer might be able to figure out what was going on here. Either way, build the foundations for the two-storey scheme.

So in June he asked me if there was an existing ground floor extension. I emailed that there was not. If he had read the email I believe the next thing he would have said was to changed the description of the proposed works on the planning application. However he didnt read the email. The plans have now gone through the public consulation period and his view the description was wrong. So he wants there to be a new consultation period for the same planning application. Hence his suggestion to withdraw.

 

[DC1977]

Withdraw and apply again

 

[DevilDamo]

So you had applied for a first floor extension over something which doesn’t yet exist? If so, seems a bit silly doesn’t it!?!

Why didn’t you just submit an application for two storey extensions (but noting and indicating the outline of the previously approved single storey elements)? Or see if you could have submitted a Variation of Condition application? Although I don’t think the LPA would have offered the latter as an option as the description of works would be completely different.

 

[DC1977]

So you had applied for a first floor extension over something which doesn’t yet exist? If so, seems a bit silly doesn’t it!?!

Why didn’t you just submit an application for two storey extensions (but noting and indicating the outline of the previously approved single storey elements)? Or see if you could have submitted a Variation of Condition application? Although I don’t think the LPA would have offered the latter as an option as the description of works would be completely different.

The application does show the outline of the previously approved elements. It also shows the proposed elevations showing a two storey side extension. It's just that the description says "Proposed first floor side extension" not "two storey". I didn't produce the plans btw or the description, paid someone to do it. Now just want this resolved...