Any experts on Planning?

[Tristar]

My planning officer has objected to an application to construct a conservatory on the side of my house, despite no objection from neighbours, because:

1. It is too big at 4% of plot size, and 20% of property size.

2. It is overlooked by a bedroom window which is 16 meters from conservatory, and 7 meters from my boundary. I have a cypress hedge intervening which I reduced at neighbour's request. Neighbour quite happy with proposal, and has no wish for hedge ht. to be increased.

3. View from road 100 meters away will be spoilt. My property is a plain 1970's house. Conservatory design is P shaped, and attractive aesthetically, and can only improve the view of my house.

Other factors:

1. Other neighbour was allowed to extend to within 4 meters (3.87m) towards my bedroom and dining room windows.

5. Next door but one has identical size conservatory built 7 years ago, on plot about a third the size of mine, and a house somewhat smaller, and is nearer to neighbours' properties, but still has screening hedge.

Does anyone know of precedence to give me ammunition for appeal, other than redesigning the conservatory, which I do not wish to do, or giving up?

Cheers

 

[Deluks]

If at first you don't succeed.....

 

[Tristar]

Very helpful, thanks

 

[^woody^]

Any appeal has to be based on interpretaion of the local plan and any supplementary planning guidance.

You would have to check the reasons for refusal against the plan - basically to see that the council is following its own policy.

You may be able to argue that similar development have been allowed, but each case is individual, and allowing a previous scheme in error, or allowing a 'poor' development previously is not in itself justification for a similar scheme.

You really have to argue that the development is not as bad as the officer thinks, and that impact will be minimal.

Size and massing is a subjective argument, and on appeal it may just be down to if the inspector agrees with you or not

 

[Tristar]

Thanks Woody,

yes, I feared that might be the case. There is an added complication in my case in that two of the planning officer's objections, namely the neighbour window overlook, and the view from the road, would not have been an issue had the Council insisted on compliance with the conditions it imposed on the developer of the area affected, that screening for my property be provided. I have offered to be bound by the same conditions. Whether this helps my case or not I don't know. Certainly my local councillor supports my application, but as powers are delegated to the planning manager, it appears that a decision will be made subjectively by their department. I intend to appeal if refused in any case.

Thanks again.

 

[jeds]

Planning officers are often wrong - evidenced by the fact that about 35% of appeals are allowed. I myself won 5 out of 6 appeals last year - one the them on my own house for a simple 1.8m³ dormer extension. Problem is they take about 6 months so you waste a lot of time.

 

[Tristar]

Planning officers are often wrong - evidenced by the fact that about 35% of appeals are allowed. I myself won 5 out of 6 appeals last year - one the them on my own house for a simple 1.8m³ dormer extension. Problem is they take about 6 months so you waste a lot of time.

Thanks for the encouragement. I am pleased to say that, as a result of my submissions to the planning officer regarding the issues with my application, I have now received advice that the proposal WILL now be recommended. However, the final hurdle of approval has still not been overcome.

Cheers