Prior Notification Extension Proof

Hi

I applied for a prior notification for a full width extension and the application was refused for the following reason. The council reckon that the side piece which I have marked in red is not the original house which is why they claim I am extending beyond a side wall

If I was able to prove that this was part of the original house in 1948 and that they were wrong would that mean anything? Obviously I can resubmit with the evidence but is it my responsibility to show that this was part of the original house or their responsibility to show it was not?!





as referred to in your application and shown on the accompanying plan(s): 1 The proposed extension, by virtue of Sections 55 and 57 of the Town and Country Planning Act 1990 (as amended), constitutes development requiring planning permission. Prior Approval for the proposed development is hereby required and refused under Section A.4(3) of the Town and Country Planning (General Permitted Development) Order 2015 - as amended. Insufficient information has been provided to determine whether the development would comply with the requirements of sections A.1(j) of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 as the enlarged part of the dwellinghouse may extend beyond a wall forming a side elevation of the original dwellinghouse and would have a width greater than half the width of the original dwellinghouse. It is not clear whether the side element of the host dwellinghouse , on the side which neighbours with no. ADDRESS, is an original feature or if what is shown on the block plan is an accurate representation of what is on site. In the absence of this, the Local Planning Authority cannot be sure whether the extension is a side extension and it exceeds over half of the width of the house.

Is there any reason why you cant apply for full planning? -has the LA suggested you would not get permission?

Notch7 said:

Is there any reason why you cant apply for full planning? -has the LA suggested you would not get permission?

Click to expand...

Its a 8 metre deep extension which the council do not like - The only way of getting permission is via the prior approval mechanism !

But my question about whether the householder has to prove the side wall or the council is required to disprove still stands !

I'm confused. Are you wanting to prove that is IS, or that it ISN'T?

Perhaps by including the words "or if what is shown on the block plan is an accurate representation of what is on site", the Council are offering you a clue about how to resolve the matter.

I want to prove it is there so that I can do a full width across the side extension piece as well as the main house

At the moment the council are saying I can only go the width of the house

Jack_Kada said:

Insufficient information has been provided .......
It is not clear whether the side element ........
...... or if what is shown on the block plan is an accurate representation
In the absence of this, the Local Planning Authority cannot be sure whether the extension is a side extension and it exceeds over half of the width of the house.

Click to expand...

There's four clues as to where the burden of proof lies.

^woody^ said:

There's four clues as to where the burden of proof lies.

Click to expand...

Hi

Yes I can see the council is shifting the blame to applicant but I wonder whether this is proceduraly correct and what the consequences are if they were provied wrong

I submitted an accurate OS map but they disagreed that it was representative of how the house looked like in 1948

What are my options here?

The council are correct, and the onus is on the applicant to demonstrate compliance with the procedure and requirements, and the council merely checks the information you provide. It's not blame shifting.

TBH, I find that the majority of OS maps are not accurate.

You options are to demonstrate that the planners were mistaken in their assessment. Bear in mind that the council have access to historical records and plans

If the red extension was original to the house, you would still be extending beyond a wall forming a side elevation, so the proposal would not be p.d. in any case.
I suspect the council is confused about the rule as well.