Search results

If I have followed this correctly, I'm not sure about that refusal. If you applied for a LDC for a proposed revised design; it can be considered based upon the proposed drawings. If they show a PD dormer they should be granted. What has been built is separate matter which the Council can pursue...

Based on my experience of these applications, side walls which will be demolished, and therefore will no longer exist, will not normally be taken into account. Worth raising this with the council surely as it would be the simplest solution.

Ok I'm happy to agree to disagree. If any decisions do emerge where LDCs are granted by councils, or by Inspectors on appeal based upon this judgement, it would be interesting to post the details here :)

To be fair, if a LDC is refused, there won't be a decision from the Inspectorate for about 6 months, and the situation may be clarified by Government in the meantime. I do think councils will continue to follow the technical guidance; if any council decisions emerge which follow the approach set...

In my opinion, based upon my experience, yes, it would work. If the OP asks the council I would be interested to know what the response is. If the wall is demolished then you can't extend beyond it, it doesn't exist.

All noted but I'm pretty sure most councils will continue to follow the technical guidance. It's a current Government document therefore I would imagine a council would be unlikely to lose costs at appeal following the approach set out within it. It would not be 'unreasonable' to do so. They...

It's just one judgement. I would imagine 99% of councils will continue to follow Government's technical guidance document. If they started following this Judge's approach it would be chaos. Definitions of terms should be set out within the GPDO, not in the technical guidance. Maybe the next...

Your proposed extension would only extend beyond a side wall if you are planning to retain part of the boiler room. If your proposal is to demolish the boiler room (which removes the side facing wall), and then build your extension, you wouldn't have any problem. Maybe your drawing doesn't make...

Whether the shed requires planning permission will come down to: 1. Is the property a single dwelling house, or is the property subdivided in some way (e.g. flats)? 2. Does the property have permitted development rights or where these removed by planning condition when the original permission...

A front dormer will not usually be possible under permitted development. B.1 Development is not permitted by Class B if..... (c)any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the...

Use your free re-submission. Apply for planning permission with the new design.

Some Councils do have a scheme of delegation where all householder applications are dealt with under delegated powers. Regardless of the number of neighbour letter received. There is often confusion as to which form should be submitted. E.g. if the property is a flat / a block of flats, should...

Whether it will be overbearing/enclosing for the neighbour is probably a greater concern than potential overshadowing. The short answer is shove the application in and see what happens. You can appeal if prior approval is refused. Are you submitting full drawings or just a block plan? Full...

Government's minimum size is 39m2 so I would use that as a starting point. I believe this is also the figure in the latest version of the London Plan.

Planning permission might be needed. E.g. if the property is a flat rather than a house, if the property is in a conservation area with an Article 4 Direction, if PD rights have been removed by planning condition. Etc..

There are no fixed rules but your council may have adopted guidance. The assessment of impact upon neighbours is subjective. This is your chance to submit your concerns in writing to take part in the application process.

If the drawings do not accurately represent the land levels they are inaccurate. This should have been resolved during the course of the application. The simplest thing for your neighbour to do might be to re-apply with accurate drawings, to make sure that they have an approved set of plans...

What is 'council permission'?!

Pretty sure that is wrong. An Enforcement Notice can only be served upon a party who has an ownership interest in the land.

I believe the responsibility lies with anyone who has a current ownership interest in the application property. Therefore if the original applicant or developer is no longer involved they could not be subject to any formal enforcement action. Current owners could of course pursue compensation...