6 m extension discontinued by my council

[kiloalpha]

Hi all

I have a question to ask. the 6m extension that was allowed by govt as permitted development has been scrapped by my local council. They have done it wef october last year I think, my neighbour had applied for the permission and got 6 meters passed, he did it beginning of last year. I could not stop/object to it as it was part of permitted development, which has effected sunlight that I get in my garden, I want to know if I apply for planning permission to get a 6 meter extension, I know this for sure that they will refuse it but can I then appeal against it and are there any chances of me actually getting it, considering the fact that I had no say when my neighbour applied for the extension and now I am only loosing due to them changing the rules midway. I am on good terms with the him so if I apply I know he will not object, unless someone else does.

Any help or direction will be appreciated.

 

[geraldthehamster]

The Neighbour Consultation Scheme that permits 6m extensions on attached properties was extended until 30th May 2019. It's not right that you "could not stop/object to it". See here:

http://www.planningportal.gov.uk/permission/commonprojects/extensions/

"These increased limits (between 3m and 6m and between 4m and 8m respectively) are subject to the prior notification of the proposal to the Local Planning Authority and the implementation of aneighbour consultation scheme. If objections are received, the proposal might not be allowed."

The situation hasn't changed between last year and this year.

Cheers
Richard

 

[kiloalpha]

Hi Richard

Thanks for the reply. So what if there are no objections, but council has stopped giving permission for 6 meter extension regardless. In that case is there any point appealing or not.
I could actually say that I did not object as I was going to do the 6 meter extension myself but then the council has stopped the 6 meters.
What chance do I stand here in this situation.
Bottom line is I know the neighbour will not disagree to me having 6 meter extension but I think council will refuse it just because they are not considering 6 meter extension to be prior approval not required.

 

[geraldthehamster]

The local authority can't stop allowing 6m extensions under the Neighbour Consultation Scheme.

 

[Nakajo]

Gerald A (very small) number of Local Authorities "article 4'd" the scheme when it was first introduced. KA, what's your Local Authority? Hillingdon?

 

[kiloalpha]

Exactly what my council has done.

 

[Nakajo]

Also, note that, were you to apply for planning permission, no application fee would be payable! And if your application was refused, you could potentially sue your local authority!

 

[kiloalpha]

Hi Nakajo

Did you mean that for me?
I am actually calling them now to find out what are my options, they are just saying you are permitted 4 meters but not 6 anymore.

 

[geraldthehamster]

Gerald A (very small) number of Local Authorities "article 4'd" the scheme when it was first introduced.

That'll be the new thing I've learnt today

 

[Nakajo]

Yes Kiloalpha. Meant for you.

 

[tony1851]

Gerald A (very small) number of Local Authorities "article 4'd" the scheme when it was first introduced.

That'll be the new thing I've learnt today

When the proposals for 6m/8m extensions were first put forward, many consultees stated that LPAs would simply apply for Article 4 directions to prohibit them. The government assured us that such applications would be carefully scrutinized to make sure that LPAs did not thwart the scheme. We were told that in practice, very few Article 4 applications were likely to be approved. Maybe it's not turned out like that??? I must admit, this is the first instance I've heard of one.

 

[kiloalpha]

I have spoken to council at length, they have told me that you can apply for 6 meter extension but we will reject it, I dont know if there is any point in applying for it in that case or no.

Also, note that, were you to apply for planning permission, no application fee would be payable! And if your application was refused, you could potentially sue your local authority!

So I can apply for planning permission but under what basis could I say that there is no application fees payable as the council has told me that they will need me to apply for a full planning permission as this is not a part of prior approval not required application anymore.

 

[Nakajo]

No fee is payable where you are obliged to apply for planning permission for development which would have been permitted development in the absence of an Article 4 Direction.

See Exemptions in http://www.planningportal.gov.uk/uploads/english_application_fees.pdf

Of course, given that it's free, there's nothing to stop you submitting several applications!

Furthermore, in the event of refusal, the Council should compensate you for the difference in value between what your property would be worth with a 4m extension against what it would be worth with a 6m extension. This might not be very much, and (obviously) you would need to speak to a lawyer before suing the LA!

 

[kiloalpha]

Hi

Just to update, I applied for the 6 meter extension initially without any fee but the application was sent back as it is and was asked to submit fees to even consider the application.
Finally few days ago they refused the application and have given me 12 weeks of time to appeal.
The person who drew the plans has said he can appeal but it will cost me an extra 500 pounds to do so and there is no guarantee we will win.

https://s32.postimg.org/c2rbxdlg5/plan.jpg

This is how it looks like
my neighbour property has a 6 meter extension but his house sits back by 1 meter and therefore its almost like a 7 meter extension for me.
I have positioned the sun as well just to give an idea how it is already effecting our light.
Any suggestions please.
Thanks in advance.

 

[Nakajo]

What did the Council say in response to my previous advice?