Permitted developement using larger Home Extension - can the LPA object without neighbours objecting

[steveinoz01]

Hi

Just had an Architectural Consultant round to look at my intended PD extension plans using the current larger home extension rules.

I had understood that the LPA can only object if the plan falls outside of the temporary larger PD rules (For example more than 8 metres off the back of the house) or if a neighbour objects based on the impact on their amenity and the LPA agree with their objection.

The architect I spoke to said that I am wrong and the LPA can object if the plans do not suit their current policies even if it's within the size limitations allowed. In effect submitting a 'Notification of a proposed larger Home Extension form' is like doing a planning application but without paying the fee.

Is the architect correct please?

Thanks
Steve

 

[^woody^]

PD is either 3 or 4m out deping on what house you have.

Anything more under the notification scheme can be objected to and require a full planing application

 

[steveinoz01]

Thanks Woody.

Back to the drawing board for me then!

 

[Nakajo]

But why 'back to the drawing board'? Just submit the Prior Notification, and see what happens.

 

[steveinoz01]

The house has already been extended a few times and is in greenbelt. The last successful planning application was done in 2010/11 by a previous owner and the words 'over development' have been mentioned when I spoke to that architect. I therefore think any plans that require the LPA's approval will be refused as detrimental to the openness of the greenbelt.

If I submit a 'Prior Notification' and they reject it can the LPA remove the PD rights or is that only possible as a condition of an accepted planning application?

 

[Nakajo]

the latter - and it would have to be an *implemented* planning permission

 

[steveinoz01]

Great, thanks. I think I'll try the 'Prior Notification' route and if that fails revert to an alternative design under the standard PD rules and will probably get a Lawful Development Certificate just to avoid any doubt if we decide to sell in the future.

 

[Nakajo]

An LDC might be worthwhile in the case of a Prior Notification, but if operating within ordinary PD, then I really can't see the point.

 

[wessex101]

I had understood that the LPA can only object if the plan falls outside of the temporary larger PD rules (For example more than 8 metres off the back of the house) or if a neighbour objects based on the impact on their amenity and the LPA agree with their objection.

That was my understanding too. I'm obviously going to have to go back and re-read the guidance.

 

[steveinoz01]

I'm not sure why they have lumped Permitted Development and Larger Home Extension rules into the same guidance as it implies they have temporarily increased the size of PD extensions just so long as you consult your neighbours and they do not object. It seems the LPA can object regardless of what your neighbours say as with any planning application. Confusing for a newbie to planning like me.

 

[wessex101]

The new larger home extension scheme is a bloody mess.

It was originally intended just to extend the permitted development allowances to boost building activity and help the economy but after howls of protest from the local authorities, at the last minute the government introduced the neighbour consultation element. It is still my understanding that if the neighbours do not object then the local authority should treat it as if it is permitted development. However the 3 page guidance is rather light on details.

Hopefully one of the more knowledgeable people here will come up with the actual guidance which says the local authority can consider impact on amenity on neighbours without neighbour objection.

 

[Nakajo]

If the scheme is compliant then the LPA can only refuse prior approval if they receive an objection from a neighbour. There is no provision for the LPA to have regard to their development plan.

 

[^woody^]

The LPA does consider the effect on the amenity of the neighbours irrespective of whether they get any complaints or not. It's in the guidance.

 

[tony1851]

It seems the LPA can object regardless of what your neighbours say as with any planning application. Confusing for a newbie to planning like me.

No; the LPA can only state it is not p.d. if any neighbour complains (on any grounds - not just amenity) and the LPA itself thinks it does have an impact on amenity. If no-one objects within the 21 day period, it is p.d., regardless of the opinion of the LPA.

 

[^woody^]

Here we go