Planning Headache

[wedginald]

Hi all, I have a slight problem with a job I am doing for a client. Its an L shaped conservatory that projects 5 meters from the rear of a detached house and runs 5 meters along before returning 2.8 meters back to a single story kitchen.

I submitted the drawings for planning permission and was validated on the 5th of April. I had previously had a conversation with a woman I know who works at planning and she didnt see a problem with my proposal although she didnt see any drawings just went on what I was describing.

Previously the client also went to planning (as she had been told conflicting information from conservatory installers before I was involved) with a quick sketch I had done her to confirm she needed planning and if there would be any problems with getting it as such> the person she saw at planning confirmed she would require planning permission and said they couldnt see any problems with it.

So now we find ourselves in the current predicament. The council adopted an SPD on the 12th of April. In the SPD they say that rear extensions should be limited to a 4m projection. The planning officer has sent me an email asking me to reduce the size of the conservatory to a 4m and submit revised drawings so that it meets the SPD and isnt overbearing on one of the neighbours.

The problem with this is that I would have just built the thing under PD if it was suitable for it to be 4m deep. It needs to be 5m x 5m to give some usable space because of the kitchen projection. I could just built a stepped conservatory 4m from the dining room wall and then 4m from the kitchen wall which would have resulted in an overall projection of 6.2m from the rear wall of the property but it would be damn ugly even though it didnt require PP.

So where do I stand? should the planning officer be looking at the application under the rules that were in place at the time the application was submitted or on the SPD adopted afterwards? Do I tell him he is an eijit and I will build an eyesore if he doesnt use some common sense? Also the max eves height is 2.3 m and the houses are surrounded by 6 foot + fences. Any advise greatly received

Cheers for any advise and sugestions

Nathan.

 

[^woody^]

Normally an application is decided on the policy in force when registered.

However, SPDs don't just suddenly appear and are either out for consultation or informally used (and referred to) in part or whole, for a significant period of time until they become adopted

You will need to research the background to the SPD and how it was previously used or consulted

 

[wedginald]

This is where I have a problem, the planning officers want revised plans should I choose to submit them (which will be unsuitable for the client) by the 29th of May as they are due to make the decision by the 31st. Unfortunately I go abroad for a wedding on the 23rd and Im not back until the evening of the 27th. Im fully booked up with work aswell so have very little free time before I go away. Perhaps I should just give him a call tomorrow and run through my concerns with him? And mention the the SPD wasnt in-force when the application was submitted?

Cheers, much appreciated

 

[^woody^]

If the application is not assessed against the correct policy, then you can appeal and will win.

You could also get a councillor to call in the application to committee instead of it going under delegated powers

 

[wedginald]

Thanks very much for the help Woody. I think the 4m thing has just been introduced to tie in with permitted development. I have some copies of the old extension policy and dorma policies that it has been designed to replace. I guess I might just have a fight on my hands then. Just to add an extra complication me and the client both like each other and have known each other since first school ha ha

 

[wedginald]

Well I rang the planning officer today and he tried to say that that he had to follow the planning policy that has subsequently been introduced. After a little arm twisting and telling him that I could build something far worse and more overbearing under PD, we have come to a compromise somewhat. He has accepted that 5m would have been passed if the house next door hadnt been set 1.5m is forward of the house in question.

He has agreed that if I produce some drawings showing that it wont be that overbearing because of the dividing fence being 2m high and the conservatory will hardly be seen from next door then it may well get approval. so my trip abroad is cancelled and I have some cad work and leveling exercising work to get done. Woody you have been a absolute star, cheers for the help and I will keep you updated and possibly need to pick your brains again