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  1. robduncanplanning

    25 year old house without planning

    Unless the Local Authority served an enforcement notice at the time of the construction or within the four period thereafter then it should be long immune from any form of enforcement action. Kind Regards Rob
  2. robduncanplanning

    WE WON THE APPEAL

    Were you successful in your application for costs?
  3. robduncanplanning

    Planning refusal - can I appeal on a technicality?

    Whilst there is nothing to stop you from appealing, the fact that there may have been an administrative error on the Council's part wont necessarily help you. The Inspector determing the appeal will still look at all the issues including the impact on any other windows. If they consider it to...
  4. robduncanplanning

    Understanding planning process

    When your planning approval document arrives you need to check whether they have imposed any pre-commencement conditions. These will be worded something like "No development hereby approved shall be commenced until...". These must be complied with before you start works on site otherwise you...
  5. robduncanplanning

    Two Planning Approvals

    The land owner will have the choice of whether to proceed with the original scheme or the subsequent revised plot. Regards Rob Duncan
  6. robduncanplanning

    Extension Permitted 3m but Neighbours is 4m

    Their neighbours would likely have required planning permission if they've gone beyond 4m. If they havent applied its unlawful and potentially subject to enforcement action. If they did apply it would have been assessed against the 45 degree standard (and their other usual policies). There...
  7. robduncanplanning

    Extension Permitted 3m but Neighbours is 4m

    You say that the extension was constructed in the last 5 years, and if it was built in early/mid 2008 or earlier it would have been carried out under the previous permitted development criteria which didnt stipulate a restriction on how much a rear extension could project, rather it imposed...
  8. robduncanplanning

    Planning issues - new build house

    There may be some potential for non-provision of parking, but it really depends on your Local Highway Authority. Given that you are well within the tolerances for walking and cycling as set out in national guidance, there would at least be a reasonable argument to put forward. Would suggest...
  9. robduncanplanning

    help regarding enforcement notice for raised decking

    Didnt even notice the date - how did it get to the top of the list?
  10. robduncanplanning

    help regarding enforcement notice for raised decking

    Didnt even notice the date - how did it end up top of the list?
  11. robduncanplanning

    help regarding enforcement notice for raised decking

    Given that you have been served an enforcement notice, the main option you need to explore is appealling the notice before it takes effect. Submitting a retrospective application will be of little use as the enforcement notice will still take effect in the intervening period. When lodging an...
  12. robduncanplanning

    Is conservation area status retrospective?

    It wouldnt be the same for planning permission as you will have been granted that, and the legislationc confirms that once implemented the works will remain in perpetuity, thus enabling you to complete it at some stage in the future. There is not however, to the best of my knowledge, a similar...
  13. robduncanplanning

    Is conservation area status retrospective?

    I have the pleasure of dealing with it on a daily basis!
  14. robduncanplanning

    Is conservation area status retrospective?

    I'm afraid not - to be considered as Permitted Development you must have completed the development.
  15. robduncanplanning

    Is conservation area status retrospective?

    I'm sorry, but common sense doesnt always go hand in hand with planning legislation. You have a Lawful Development Certificate which confirms that at the time you made the application, the proposed loft conversion would be permitted development. If your property is subsequently incorporated...
  16. robduncanplanning

    Permitted development

    Assuming that you meet all the other criteria set out in Class B of the Permitted Development Order, the previously constructed conservatory will not have an influence on whether the dormer is PD or not, as the criteria states that the cubic content of the resulting roof space should not exceed...
  17. robduncanplanning

    Refused Planning Permission due to 45 Degree rule

    Further to Woody's comments above, depending upon the circumstances you could perhaps look to cutting off the corner of the part of the conservatory which breaches the 45 degree standard. Alternatively, you could explore the possibilities of an L-shaped extension, and by doing so keep the bit...
  18. robduncanplanning

    planning

    Further to Woody's comment above, I would point out that I am a Chartered Planning Consultant and for my previously stated reasons cannot recommend the approach you are considering. Regards Rob Duncan
  19. robduncanplanning

    planning

    By severing the ownership of the self-contained unit, you would create a new planning unit, i.e. a new independant dwelling. This is something which you dont have planning permission for. If the planning policies in your area would not support the creation of a new dwelling, then you would be...
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