Semi Detached Stepped rear extension

[John Webb]

Dear all

We're looking to build an extension along our party wall on our semi-detached house which has a stepped rear. I understand that Permitted Development won't be granted as the stepped side wall means any extension will have a width greater than half the width of the original house.

(https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830643/190910_Tech_Guide_for_publishing.pdf page 22)

A couple of years ago, when we first moved in, we had some advice from a local architectural firm that said that "The London Borough of Barnet’s interpretation of planning policies differs from other boroughs, and they deem a rear extension as a side extension to the back addition. The standard permitted development rights are not the same for a rear extension as a side extension and therefore planning permission will be required for this to work but will be granted to a depth of 3.5m.”

However, 2 of our neighbours, 3 and 4 houses away, have both now extended to 4.5m which is what we would like to do. They used prior notification and none of the neighbours replied/complained about the proposed work. Barnet’s planning decision said “although the depth of the proposal exceeds the recommended guidelines of 3.5m, the proposal is deemed acceptable as both neighbouring properties have rear extensions.”

Our problem is that our adjoining neighbour hasn't extended. My question is..

1. Will planning permission be granted to 4.5m, as some of the houses on our road have been extended by that amount and so a precedent has been set, or is it likely to be refused because our adjoining neighbour hasn't extended and 4.5m will be considered excessive and reduce their access to light?

2. Does the fact that we will be extending along the party wall change anything if we were to go down prior approval route in the hope our neighbour wouldn’t complain?

I've attached a picture which I hope shows the situation.

Any other guidance really appreciated as I’m clueless on how it all works.

Many thanks

John

 

[Nakajo]

Would your neighbour be interested in a joint submission?

 

[tony1851]

a precedent has been set,

Unfortunately, there is no precedent in Planning matters.

 

[Nakajo]

Precedent comes into play when proceeding to appeal however, so it's perfectly valid to cite precedent, if you intend to go down that route.

 

[^woody^]

However, "The neighbour has done it" is not a precedent

 

[noseall]

However, "The neighbour has done it" is not a precedent

Would the fact that multiple or a large number of properties have done the same, not create a 'theme' therefore set a precedent?

 

[freddiemercurystwin]

Putting any local planning policies aside, should they apply to the OP, for sure some planners may take it into consideration but it should never be assumed so, it might be advantageous but it won't be a precedent.

 

[Notch7]

I wonder if you would struggle due to the 45 deg rule.

 

[^woody^]

Would the fact that multiple or a large number of properties have done the same, not create a 'theme' therefore set a precedent?

The planning policies are the crucial thing and should be followed and set the guide.

However like you suggest, there are cases where the policies don't keep up with the times and homeowner's aspirations, or where many technical breaches in an area are not enforced and so become normal albeit not precedents. Things like larger porches, or porches joining to bays, or canopies across elevations and suchlike.

Although not precedent, they can weaken the council's argument to reject similar applications. But there is always the situation where one tips the balance and can be legitimately refused.