PP conditions

[cooperatkippax]

Hi everybody, first timer here and needing advice.
I just got planning permission to build a bungalow...after a 12 month fight! The land is accessed by the use of a driveway to an existing bungalow. The council have revoked all PD rights to the existing bungalow even though it was not within the application site. Is this legal?

 

[freddiemercurystwin]

Sounds reasonable;e to me.

 

[rjm2k]

Ah, Leeds council, lovely people! TBH you are lucky to have got permission, they aren't exactly a development friendly council.

Anyway, looks like your application stated alterations to existing bungalow, so it was part of the planning site.

 

[cooperatkippax]

Leeds...so it is the city from hell for planning.
The application was specific that the red boundary line of site area did not include the bungalow.

 

[freddiemercurystwin]

the red line just identifies the development area within the site.

 

[tony1851]

Typical.
The government wants more houses built, partly to reduce homelessness and partly to help the economy along.
And the OP has a 12-month fight just to build a bungalow.
What possible value to the economy have those planning officials been?

 

[freddiemercurystwin]

We know nothing about the app so your comments are a bit pointless aren't they tony?

 

[cjard]

OP, you can certainly appeal against the imposition of particular conditions if you feel they have no material planning considerations within the context of your application

 

[rjm2k]

Leeds...so it is the city from hell for planning.
The application was specific that the red boundary line of site area did not include the bungalow.

Sorry, unless I found the wrong application, the title states

Alterations to existing semi-detached bungalow and erection of one detached bungalow to rear and formation of new access and hardstanding for four parking spaces.

this is what the council decided the application involved, on your application form you state that there is 1 new unit and 1 existing unit. Also, you submitted plans for the original property showing that a side door would be blocked up and that parking is altered? this may be why they have considered the site as a whole.

I don't know what the legal point of view is, are the 2 plots legally separate?

 

[tony1851]

We know nothing about the app so your comments are a bit pointless aren't they tony?

I was just thinking aloud, and in more general terms

 

[jeds]

PD rights can only be restricted by condition if there is a justifiable reason. They can't just chuck a condition in as a matter of course - which is what they do half the time. I'd ask them for a justification. Chance is they won't have any idea why, and they'll come up with some rubbish. In which case appeal it.

 

[cooperatkippax]

The planner discussed the benefit of agreeing to brick the bungalow side door up which accesses the driveway-he sated this a month before they agreed planning...he was advised it would tip the scales in the right direction (although highways had no problem). But then they revoked pd rights completely.

 

[rjm2k]

It's not unusual to do this, I would hazzard a guess that LCC do this with pretty much every app that involves sub dividing these days. Makes you wonder why as they can't charge for pp where pd would have allowed but they revoked.perhaps they believe that one day they can charge.. Your planner should have had an idea this would happen and how to deal with it re appealing the condition.