PD forfeited after FPP granted?

Hi All,

We're in the process of applying for full PP for a rear extension, single storey on a semi-detached bungalow with 1/3acre rear garden. Our first plan for a sizable extension was denied, and we're hopeful a much smaller extension will be granted. However, this extension does not fullfill our requirements and we would like to further extend the property under PD afterwards - if permitted.
Our architect has advised that an extension with full PP does not affect our PD rights, and suggested we would be able to construct a conservatory within 3m of the *new* rear wall.
After many hours research online, I cannot confirm either way at all. All planning portals refer to "original wall as built in 1948".

Can anyone advise on this please?

Not clear from your description, but if you intend extending on your new extension by a further 3m-deep conservatory, that would not be permitted development and would need planning permission.

(anything going out more than 3m from the original rear wall would need p.p.).

Hi Tony

You've confirmed my suspicion.
Our architect was essentially implying that the rear wall of the FPP extension becomes the "original rear" wall because the extension was done under FPP, and as such we would still be allowed to construct a 3m deep conservatory on the back of the extension under PD.

It seems our only option now is to wait a year or so, and apply for PP to erect conservatory onto extension.

LOL! If your architect was correct, you would be able to build several extensions one after the other.

If you haven't built anything on the back yet, you might be able to get a 6m deep extension under the prior notification scheme, assuming the neighbours raise no objection.

Unfortunately the final plans have been submitted and we're expecting a result this week.
The rear extension is smaller than 6m because the council objected to the original plans which were "unneighbourly and bulky". Our architect then proposed a much smaller extension (in email correspondence ) to the council without our knowledge, which we believe set a precedent, resulting in our second proposal being rejected too. So out of desperation, and relying on our architect's knowledge, we allowed the much smaller plans to be submitted. However, I've since done more research and fear we may not have followed the best route

What stops us from building a 6m rear extension under PD (neighbours have no objections) even if we gain PP for a smaller extension?

Plans currently awaiting decision over here:
https://blu-3.box.com/s/5hjvkp9c4wm2ybqjw76c

As long as you haven't built anything, your p.d. rights remain intact, regardless of any existing planning permission.

Looking at your plan, that could not be done under the prior notification scheme because that only applies to rear extensions, not 'wrap-rounds' as yours would be.

Having said that, it dooesn't look overly bulky, and as the neighbours appear to have an extension, it wouldn't affect their amenity to any significant degree.
You could consider building just a 6m rear extension only under the consultation scheme (assuming no objections), and once completed, apply for planning permission for the side element. All that would of course be more costly.

Perhaps you should have been more on the ball with your architect, as he seems to have thrown the towel in too early without fighting your corner. You can still appeal a refusal of the original scheme, though time for lodging an appeal is strictly limited (IIRC 12 weeks for a domestic).