Height of rear extension

[Star29]

I have built a rear extension which has been built on a sloping ground level. The council are disagreeing saying the height of the extension is too high. The 4m is fine is the 3m height that they have the issue is. Where do you measure the 3m from? From the existing or from where the extension goes out 3m?

 

[tony1851]

It is usually measured from the highest point of the ground adjacent to the extension.
How much over 3m are you at the highest point?

 

[Star29]

3085, but the council saying the ground is below the extension so they measuring 3.45.

Is there any actual fact or technical drawing that shows where you should measure from?

This not not under pd it's under planning permission. As we have built a side story double extension as well.

 

[tony1851]

The height of the structure should be measured from the highest part of the ground adjacent to the structure. So in your case presumably that will be the ground at the original wall of the house, and the height will be 3.085m, regardless of the slope away from the house.
It is ridiculous for the council to argue that it is 3.45m high.
Having said that, 85mm is not a lot, and you could argue that it is minimal.
Planning policy advises that councils don't take enforcement action for minor or technical breaches where no actual harm has occurred.
Has a neighbour compained?

 

[Star29]

Yes this is what we are arguing but council does not agree. We have used the definition from the PD about ground level.

We need actual fact on our case but cant find anything online to suggest its from the highest point from adjacent to old house rather than from the 3m rear extension.

They have issued an enforcement and now taken to appeal. The neighbours have complained

 

[rjm2k]

These are about PD but the definitions of datum points should be the same unless your application specifically mentioned where to measure from. Does the built height against the house match the technical drawings?

http://planningjungle.com/household...the-10-worst-permitted-development-loopholes/

Point 2, page 34

http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf

Page 6

May also be worth checking your councils planning portal for similar case or search the enforcement database here

http://www.pcs.planningportal.gov.uk/pcsportal/casesearch.asp

 

[tony1851]

Steve Speed's Planning Jungle site is an excellent resource; it's worth looking at that as it lists appeal cases which indicate Planning Inspector's interpretation of various terms, including "height".

@ OP; don't be browbeaten by the LPA on this. I suspect you have a good case here if the ground drops that much. If you kept the eaves height to 3m at the outer end if the extension, what would your internal height be? Would they expect you to have a couple of steps down? Ridiculous.

 

[Star29]

ok so point 2 in this

http://planningjungle.com/wp-conten...-10-Worst-Permitted-Development-Loopholes.pdf

would mean i am i have a case right?

the floor level has been show to be consistent throughout the house. i would need to work out the step down if we have to rectify this.

the council have used photo of a fence line to come up with the ground level from the new extension as opposed from the old house.

its a shame as planning control have passed everything and we have installed nice byfolds as well.

Thanks all for your help and all the links.

 

[rjm2k]

I would have thought that your technical drawings which are approved would be enough assuming the floor level is consistent throughout the original house and extension and that the actual build matches the approved drawings? Do the approved drawings show a step down? Do they show the roof/eaves height as built? It's not like PD where you are trying to make sure the build fits in with the limits of PD, you've shown them what you want to build, they've approved it so as long as you've done what you said how can they have a case? Can you post a snippet of the appropriate drawing, not revealing your location if you wish?

 

[Star29]

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i hope this works.

 

[rjm2k]

Untitled

• Star29
• 30 May 2013
• 1

Nearly

Looks fairly clear, and no reference to a fence line in there either! Is it built as shown?

What does the enforcement say?

 

[Star29]

sorry new to forum posting. thanks for posting up.

the height measurement for the 3m slope has been taken from the existing house at the highest point to give a consistent floor level.

with regards to the fence line its not shown, what does this mean?

enforcement in the post apparently

 

[rjm2k]

the council have used photo of a fence line to come up with the ground level from the new extension as opposed from the old house

Was this photo part of the application and was the fence referenced as a datum point on the application? I would guess not. I'm not sure how the council can randomly choose a fence line as a reference point after the build has been done and conforms to the plans they approved.

What does the enforcement say?

 

[tony1851]

Star; are you saying that the council has come up with a measurement of
3.45m by working it out off a photograph?

 

[rjm2k]

OP is the enforcement on your councils website yet, if so what does it say?