difference of opinion with planners...

[pk1977]

hi, quick question for you if don't mind
we are seeking pp to knock down an old bungalow and replace with a new house.
the planners are adamant they will not accept a house taller than 7.3m due to the local houses being of similar height

we are planning to build a 1.5 floor design, ie ground floor and habitable roofspace

the planners are now saying that our design is too large (in terms of square footage).

However, if we did not make the roofspace habitable the exact same design is ok with them.

This is frustrating us, because it's essentially the same house. They are judging the way we utilise the internal area of the house. In other words we can build the single storey house and later make the loft habitable, resulting in the design we want in the first place...

Should we try and reason / argue this with them??

 

[freddiemercurystwin]

In other words we can build the single storey house and later make the loft habitable, resulting in the design we want in the first place...

Not without planning permission you won't as they will withhold your PD rights as a condition of the approval.

One assumes they wish to minimise the impact on local amenities, presumably the cottage you are knocking has the same number or less bedrooms than your proposed?

You can always appeal it if your App including a loft is rejected.

Are you or is your agent in direct contact with the officer dealing with your case (ie speaking)? Or is it just a few emails going back and forth?

 

[pk1977]

Same number of bedrooms
Admittedly it's significantly larger, but still one dwelling on a plot which is over an acre in size...
We had a very long pre-application discussion and the design was discussed a length, but now at the 11th hour it's suddenly an issue, very frustrating!

 

[tony1851]

Build it and see what happens.

 

[cjard]

Not quite sure if tony's respect for the law is going down or his penchant for raising BAS's ire is going up..

 

[cjard]

[quote="freddymercurystwin";p="3153018
Not without planning permission you won't as they will withhold your PD rights as a condition of the approval.
[/quote]

Sadly likely, though you can appeal the imposition of such a condition if it's unreasonable. Sad but apparently true that removing PD rights is a standard condition on too many applications

 

[ban-all-sheds]

Build it and see what happens.

So you've graduated from merely telling people to break the law to telling them to do something which could cause them financial ruin.

What's wrong with you?

 

[rjm2k]

How large is the roofspace? If it's larger than 50 cubic meters could you limit it by partitioning one end off for "storage" thus bringing it under what would normally be PD as part of your application?

 

[pk1977]

hi - thanks for your thoughts everybody.

Ironically if we just modernised the existing bungalow and extended it, we would not even require planning permission, and my understanding is that a future loft conversion could take place easily.

As it stands we can allow the planning application to reach refusal, and then appeal - or, as my agent suggested, withdraw and apply to go to committee - both options sound daunting

 

[pk1977]

How large is the roofspace? If it's larger than 50 cubic meters could you limit it by partitioning one end off for "storage" thus bringing it under what would normally be PD as part of your application?

the roofspace is bigger than 50 m^3, but there's only 3 bedrooms upstairs, if we partition it we would have a very costly 2-bed house...

 

[Deluks]

In other words we can build the single storey house and later make the loft habitable, resulting in the design we want in the first place...

Do that then.

Ironically if we just modernised the existing bungalow and extended it, we would not even require planning permission, and my understanding is that a future loft conversion could take place easily.

Or do that then.

 

[pk1977]

In other words we can build the single storey house and later make the loft habitable, resulting in the design we want in the first place...

Do that then.

Ironically if we just modernised the existing bungalow and extended it, we would not even require planning permission, and my understanding is that a future loft conversion could take place easily.

Or do that then.

I wish we could

Going for a bungalow then hoping to do major renovations later is disruptive, costly, and aesthetically you would never get the seamless design you would from doing it all in one build. The internal layout would have to change too - but most importantly the reason for doing it like this is based on a belligerent insistence by the planners.

Similarly we can't simply renovate the bungalow, there are now too many mature trees surrounding the bungalow, which we would have to cut and the position within the plot is very poor...

It looks like Committee might be our best bet...
(less keen on appealing because the planning inspector is likely to have a similar background to the planning officer. The same thinking process, a strict reliance on planning policy and generally a lack of flexible, accommodating decision-making)

 

[rjm2k]

Keep in mind that if the mature trees aren't protected, they probably will be as part of any grant of PP!

 

[pk1977]

Keep in mind that if the mature trees aren't protected, they probably will be as part of any grant of PP!

quite true - plus, we actually want the trees

 

[freddiemercurystwin]

The same thinking process, a strict reliance on planning policy and generally a lack of flexible, accommodating decision-making)

Actually Inspectors opinions often differs from that of the LA planners. I would go committee, have your say or get your arch to speak assuming he's not a bumbling fool and then appeal it if necessary. Nowt else you can do legally. Ensure that if you appeal it it is done properly, assuming there are grounds with which to appeal and ensure whoever does it has a good track record in appeals.