Flexibility on permitted development rights

[joncox]

I am currently having plans drawn for a full-width, single storey, pitched roof side return kitchen extension on a Victorian mid-terrace. The new rear wall of the infill side return will be flush with the existing rear wall of the kitchen.

I know that the permitted development rights now allow for building back 3m from the original boundary.

It's looking like we will need 310cm to make the new rear wall 'straight across' the back of the house.

I know it depends on the whim of the local planning team, but does anyone have any examples of flexibility on PD rights in this context? It seems harsh to have to go through planning for 10cm....

Do planners measure up plans submitted for PD approval that closely?

 

[freddiemercurystwin]

I doubt there'd be any flexibility in the rules and arguably rightly so, where would you draw the line at their flexibility: 10cm, 20cm, 30 cm???? However I wouldn't worry about it, who's gonna tell them?

 

[^woody^]

Do planners measure up plans submitted for PD approval that closely?

You are missing the point.

You don't submit plans for pD approval. The whole idea of it is to free the council from numerous planning applications

PD limits are well published. If your proposal does not fit in with PD, then you ask for formal approval. There is no flexibility with PD, but there is flexibility on whether any breach is serious enough to warrant enforcement action - and that's the risk you take

 

[joncox]

Thanks for replies. You're both right, of course. It's my risk to take.

However, I don't think I was missing the point. My local council's planning Dept (in common with many, based a Google review) recommend submission of plans to confirm they fall under PD - or not. Hence my question re: the level of scrutiny they apply to these reviews.

My conversations so far with Planning Officers have been unequivocal - even 1cm over the PD limit requires PP. But in practice, who would ever notice a few cm extra?

My council doesn't charge a fee for this review service, but many do.

PP or PD, I want to do things 'right' and ensure I have an appropriate piece of paper from the Council in either case.

 

[^woody^]

Ok, its the local council who are missing the point then

 

[stellaman]

most councils now require you to fill in a form and/or submit plans for PD. Usually they planners will check the building control plans (if they are on the ball).
You will only get caught out if someone (an irate neighbour say) contacts the council to question whether your development is legal. 10cm would be a problem if they (and your irate neighbour) wanted to make an example of you. You would have to take it down and move it back. Its a gamble but if you have a good relationship with all your neighbours and have consulted them you should be ok.
Councils have make contractors re-construct roofs that have been built 10cm too high so dont discount this.

 

[joncox]

OK, thanks. The neighbours are 'on board' as they say and will receive the plans in due course.

We'll need a PWA agreement signed anyway as we will be building up to the boundary.

We (and builders) have a good relationship with local BCO due to recent approved works (loft conversion) so that will help.

I'll post back an update once the Council have seen the final plans.