Does anybody know of any instance where an application for certificate of lawful development for propossed extension (that meets the PD rules) is put in front of the planning committee to decide because of objections from neighbours.
WHO THINKS THIS STINKS
- Thread starter piggylet
- Start date
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Not sure what is happening here. Neighbours have no right to object to a LDC nor do a planning committee.
It is a legal matter and your extension either meets the rules or it doesn’t.
It is a legal matter and your extension either meets the rules or it doesn’t.
It is for the planning committee to decide if the planners can't deal with it under delegated powers - ie discrepancies in the evidence provided by the applicant to support the application
If say, a neighbour produces evidence or states something contrary to the applicants claims, then the committee will decide which is most likely and grant or refuse the LDC
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The propossed extension meets all the PD criteria. It was discussed with planning officers and designed by a qualified architect. We were assured that it is PD. Recieved letter today verifying reciept of the application for CLOPUD. Quote from letter "If we recieve any objections the application will need to be considered by planning committee". I was assured by planning officers that CLOPUD would never go in front of planning committee and neighbour objections are not considered. It is a simple "yes" or "No" as to whether or not it is permitted development.How can a planning committee decide on something that is already permitted so long as it is within the remit of PD, The planning officers one of which was our case officer is no longer dealing with the application it has been handed to chief planning officer (who incidentally is now on holiday so cant comment)........ IS THIS ODD ???...I THINK IT IS
If you are so sure that the work is PD, then why are you bothering to get a LDC?
The planners will assess whether the development is in fact PD, or if not, whether it is now time barred for any enforcement
Neighbour objections can not be considered, but information from them can be if it is relevant
The planners will assess whether the development is in fact PD, or if not, whether it is now time barred for any enforcement
Neighbour objections can not be considered, but information from them can be if it is relevant
I have applied for CLOPUD as that is what everybody advises. If I want to sell my house in future its best to have one. I have spoken to our previous case officer about the letter i got today and even he said he had never heard of a CLOPUD going in front of a committee and he also said he thinks there must be some mistake somewhere along the line (on the part of the townhall) All our paper work is in order and so are the plans.Its a simple 3m rear single storey extension and detatched out building all sizes are correct all heights are correct it cannot be seen by the neighbours as they live on the other side of the road to us. It cannot be seen from the front street.
Bad advice.
It defeats the whole purpose of the PD regime, and so people may as well just apply for full planning permission in the first place
Anyway, I don't know what you are worrying about if the extension is PD
This websites members promote getting the certification. What I am concerned about is
1. LDC are just a yes no answer from council. Nobdy I have spoken to (solicitor, architect and planning officers) have ever heard of it being decided at committee
2. My NIMBY neighbours are buddies with most of the councillors on the planning committee. Yes I know they are suppossed to be impartial lol
I know that appeals can be made regarding planning applications being refused at committe. BUT this is not a planning application so why would it be dealt with by the planning committee.
1. LDC are just a yes no answer from council. Nobdy I have spoken to (solicitor, architect and planning officers) have ever heard of it being decided at committee
2. My NIMBY neighbours are buddies with most of the councillors on the planning committee. Yes I know they are suppossed to be impartial lol
I know that appeals can be made regarding planning applications being refused at committe. BUT this is not a planning application so why would it be dealt with by the planning committee.
Lol. Exactly ..... bad advice
Of course. If the work is PD, then it's PD, and there is no need to get a certificate.
The whole point of the PD regime, is to allow people to build without bureaucracy and not to tie up planners time.
I can't see any point at all in getting a LDC for this type of situation
The whole point of the PD regime, is to allow people to build without bureaucracy and not to tie up planners time.
I can't see any point at all in getting a LDC for this type of situation
When the (2008) revisions to the permitted development rules were proposed, an impact assessment was also undertaken. One of the purposes of the revision of the rules for domestic extensions was to reduce the number of (uncontentious) planning applications and so free-up planning-officer time.
The assessment accepted that a drawback for councils would be that they would then receive less in fees through having fewer applications. The impact assessment stated that they would recoup some money because many householders would be unsure about their p.d. rights and apply for LDCs. These householders would, in effect, be paying councils to tell them of their p.d. rights.
Surely, anyone who can read, can read the rules themselves and doesn't need to pay the local authority to do it for them.
OP has been badly advised and wasted money. If the application is somehow
'refused' by the committee, he should just ignore it and carry on because the 'refusal' would be ultra vires.
The assessment accepted that a drawback for councils would be that they would then receive less in fees through having fewer applications. The impact assessment stated that they would recoup some money because many householders would be unsure about their p.d. rights and apply for LDCs. These householders would, in effect, be paying councils to tell them of their p.d. rights.
Surely, anyone who can read, can read the rules themselves and doesn't need to pay the local authority to do it for them.
OP has been badly advised and wasted money. If the application is somehow
'refused' by the committee, he should just ignore it and carry on because the 'refusal' would be ultra vires.
As long as the OP is 100% certain in his own mind that it is p.d.,
then he's nothing to worry about.
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