Refused Planning Permission due to 45 Degree rule

[bars03]

Hi

I have just been refused planning permission for a single storey rear extension (projection of 4m) due to the 45 degree rule by Birmingham City Council.

Does anyone have any experience of successfully appealing against such decisions?

I did find it strange given that if I built a 3 metre extension I would still be in breach of the 45 degree rule, even though this would be classed as permitted development. Is my thinking right on that? If it is within permitted development then the 45 degree is irrelevant?

Cheers

 

[^woody^]

It will be difficult/impossible to appeal against because it is their actual policy which is applied to every application and is not discretionary.

Yes, you can breach the 45 degree line if it's permitted development

TBH, your agent should not have submitted an application that is in breach of any policy - as it would be destined to fail

You need to alter the design, or do what you can under PD and apply for the rest

 

[robduncanplanning]

Further to Woody's comments above, depending upon the circumstances you could perhaps look to cutting off the corner of the part of the conservatory which breaches the 45 degree standard. Alternatively, you could explore the possibilities of an L-shaped extension, and by doing so keep the bit adjacent to the boundary as no more than 3m projection, i.e. no worse that Permitted Development. Assuming that this doesnt impact on any other neighbours (difficult to judge without knowing the site) then you may well be able to achieve the amount of accommodation you were initialy after, albeit in a different layout.

Regards

Rob Duncan