Proposed Side Extension Planning Refusal. Help!?

[puffin360]

Good Morning.

I have recently applied and got refused for a proposed side extension. The idea was to build a two storey carport that would tag onto the side of the building to create a third bedroom. The house layout is a typical victorian (2 up, 2 down).
The front gable of the house as existing faces the road and has the entrance door positioned on the side elevation (on the driveway). The house is semi detached with a driveway, dividing wall and then the next houses driveway.
The property which is two driveways away (7.00 ish metres) has its front door positioned on the side elevation with the kitchen window with the living room being at the front of the house in the bay window.

The planning application got refused on the grounds that the side elevation had been taken as the principal elevation therefore meaning a minimum of 12.00m is required from side wall (extension) to principal elevation of the neighbour. The council had no qualms over the proposal and we received support from the neighbours although the planners are classing the side elevation as the main elevation as it contains the front door and living room window (which is actually the kitchen).

Throughout the planning process there were no signs of this being an issue. My architects interpretation was that the front gable with living room bay window would be the principal elevation. Throughout are street there are several houses with side entrances which are positioned < 3.00m away from eachother.

Does anyone know of any loopholes or possible grounds appeal?
The whole idea was to create an additional bedroom so that we wouldn't need to move.

I have attached some plans, elevations etc for info.

Any help would be much appreciated.

Kind regards

Mark View media item 93859 View media item 93860 View media item 93861 View media item 93862 View media item 93863

 

[tony1851]

The council sholud not base their view of where the principal elevation is solely on the basis of the position of the entrance door.

Other factors have to be taken into account, such as the elevational treatment of the wall facing the street - if that is more formal or decorative, then that should really be regarded as the principal elevation.

 

[puffin360]

Hi thanks for your reply.
I have attached a couple of photos to show the view from the street. (my house is on the left hand side.

Thanks

Mark

Untitled

• puffin360
• 30 Apr 2015
• 1

Untitled

• puffin360
• 30 Apr 2015
• 1

 

[tony1851]

Personally, I would say that the elevation facing the road would be the 'principal elevation', on the grounds that the elevation facing the house across the path looks more 'workaday', including the downpipe and lean-to at the back.
There is also the attractive bay window and decorative barge boards on road- facade.

But that's just my opinion. There are a number of appeal decisions on this question, and it could go either way. If you did appeal, it ultimately depends on how a Planning Inspector would see it.

The important thing to bear in mind is that the principal elevation is not necessarily that one with the entrance door.

 

[puffin360]

Thanks for your help Tony.
I'm thinking that we will appeal but will look at appeal costs first.

 

[tony1851]

Appeals are free, though if you get a planning consultant to prepare your grounds of appeal, that will be a cost.

 

[puffin360]

Would you advise getting a planning consultant on board?
Is there a specific way i should approach it? Im going to speak to the council as they had no objections and i will even speak to my neighbour to see if they could give a letter of support. Or even if the principle elevation is marked in the deeds perhaps.

 

[wessex101]

Agree with what Tony said and I would certainly try discussing it with the planners, although having said that some council's can be a bloody nightmare and just refuse to engage. I've just had one and I'm taking it to appeal free of charge because the planner really ****ed me off.

I would say the key is their assertion...."significantly reduce the outlook of the neighbouring dwelling" so I think you will need to look at what rooms are served by the windows on the neighbour's side elevation and minimise any adverse affects. In a case like this it is usually a good idea to show the extension in context with the neighbouring property so you can demonstrate how you have mitigated any loss of amenity.

It looks from the photos that the neighbour is set slightly further back so is it possible to move the rear wall of the extension forward slightly to clear the neighbours windows?

Once you have tried that, if all else fails try an appeal.

 

[puffin360]

The planning office in Clevedon seems to be extremely understaffed so it doesn't even seem like it has been looked into properly. They classed the window my the entrance door presuming this is in fact the living room when it is actually the kitchen. Lack of a site visit.

Trying to get hold of the planners is proving a challenge. Emails call backs but receive nothing.

Perhaps if i draw up both elevations together to try and prove it wouldnt 'overshadow there house?

Really disappointed at the refusal as it just seems like a different interpretation of 'principal' elevation has been used.

 

[Nakajo]

It has been suggested that LPA's are increasingly passing the buck for schemes that are in any way open to interpretation onto the Planning Inspectorate to determine, because they simply no longer have the resources to attend to these kinds of applications. The fact that no site visit was made would seem to support this suggestion, although cold, hard statistics suggest otherwise.

So, first of all, talk to the LPA if at all possible. Often a calm discussion can get what seems like a hopeless case back on track. Yes, you will have to make some concessions and submit a second (free) application, but this is preferable to (and typically more successful than) an Appeal. If this route is unavailable, or if after pursuing this course of action you are still unsuccessful then consider an Appeal.

Roughly 1/3rd of Householder Appeals are successful. In my limited experience, this figure isn't much improved by the provision of a Planning Consultant. Your architect should be able to assemble adequate Grounds for Appeal for an Appeal By Written Representations. Although a fee for this is reasonable, it will surely be less than that for engaging a Planning Consultant. Your architect can also submit a Costs Application in an attempt to recover reasonable Costs for this part of the process, although I think these are rarely awarded.

Remember. It's a gamble. The odds are against you and you may well lose. But the potential reward would seem to me to justify the cost.

Oh, one other idea is a Pre-App. But don't bother with that.

 

[^woody^]

It's no use talking to a planner about this app. The decision has been made and can't be changed and there is no chance of a resubmission for the same or similar scheme.

The only option is at appeal to the planning inspectorate.

I agree that the principle elevation of this property is that facing the road. All guidance seems to support this.

 

[eddieed]

What will matter is what the windows on the side elevation of the neighbours property serve.

There are 2 one downstairs next to the door and one upstairs. The prinicpal elevation doesn't matter, if these are the only windows serving a habitable rooms of that dwelling then the 12 metre rule applies.

We have had the same issue - we managed a distance of 10 metres but it wasn't deemed acceptable. This was to a minute bedroom in the neigbours property - 7feet x 7 feet which they actually used as a study. If they converted that bedroom into a bathroom then it is no longer classed as a habitable room and we would have been able to secure planning permission.

Thems are the rules, different councils have different rules about distance. It may be worth apealling. Out of interest if the upstairs window isn't jabitable but the downstairs one is. Could you create an opensided carport...that may help!