Hello All,
I have applied for 6 meter rear extension in my house via prior approval under permitted development which was granted in March 2018 and now that i want to build it i made a application for lawful certificate the council says :
"Just to inform you, we have to take into consideration the pre-existing bay window. The side elevations do not demonstrate a physical separation between the roof of the extension and the pre-existing bay window. This means that the extension would extend beyond a wall forming an original side elevation of the original house, therefore the total enlarged part of the house would have a greater width than half the width of the original house.
Based on this, the LPA considers the application unlawful and a decision will be issued shortly to this effect.
I have consulted with my manager about this case, it is not the gap between the bay window and the roof extension that makes it unlawful. The issue is with regard to the projection beyond the 'original' wall which would have been the ground floor pre-existing bay window, as it does not cease to be original despite its demolition.
As for 18/0953/PNH, Prior Approval is required where an extension is >3m and less than <6m in depth. In this case the reason for refusal is not related to the depth.
Notwithstanding Prior Approval, the proposal is still required to meet all of the other conditions of Class A, which in this case it does not as per the reasons stated below:
The side elevations do not demonstrate a physical separation between the roof of the extension and the pre-existing bay window. Just to clarify this means the ground floor pre-existing bay window and not the first floor. The extension would extend beyond a wall forming an original side elevation of the original house, therefore the total enlarged part of the house would have a greater width than half the width of the original house.
There are no amendments which can be made which would enable the scheme to be considered as a Certificate. Therefore we suggest that you resubmit this application as a householder application. However, please note that a HSE application would be assessed against the expectations of the Development Plan and not the conditions and limitations of the GPDO - and as such, unless the context indicates otherwise, some amendments may be required to bring the proposal in line with the expectations of planning policy."
So not sure now what to do. Is there any way to change the plans so council can accept it so i can start building? Please help . Thanks in advance. attached drawings.
I have applied for 6 meter rear extension in my house via prior approval under permitted development which was granted in March 2018 and now that i want to build it i made a application for lawful certificate the council says :
"Just to inform you, we have to take into consideration the pre-existing bay window. The side elevations do not demonstrate a physical separation between the roof of the extension and the pre-existing bay window. This means that the extension would extend beyond a wall forming an original side elevation of the original house, therefore the total enlarged part of the house would have a greater width than half the width of the original house.
Based on this, the LPA considers the application unlawful and a decision will be issued shortly to this effect.
I have consulted with my manager about this case, it is not the gap between the bay window and the roof extension that makes it unlawful. The issue is with regard to the projection beyond the 'original' wall which would have been the ground floor pre-existing bay window, as it does not cease to be original despite its demolition.
As for 18/0953/PNH, Prior Approval is required where an extension is >3m and less than <6m in depth. In this case the reason for refusal is not related to the depth.
Notwithstanding Prior Approval, the proposal is still required to meet all of the other conditions of Class A, which in this case it does not as per the reasons stated below:
The side elevations do not demonstrate a physical separation between the roof of the extension and the pre-existing bay window. Just to clarify this means the ground floor pre-existing bay window and not the first floor. The extension would extend beyond a wall forming an original side elevation of the original house, therefore the total enlarged part of the house would have a greater width than half the width of the original house.
There are no amendments which can be made which would enable the scheme to be considered as a Certificate. Therefore we suggest that you resubmit this application as a householder application. However, please note that a HSE application would be assessed against the expectations of the Development Plan and not the conditions and limitations of the GPDO - and as such, unless the context indicates otherwise, some amendments may be required to bring the proposal in line with the expectations of planning policy."
So not sure now what to do. Is there any way to change the plans so council can accept it so i can start building? Please help . Thanks in advance. attached drawings.