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6 meter rear extension

Discussion in 'Building Regulations and Planning Permission' started by firbest, 2 Aug 2019.

  1. firbest

    firbest

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    Below is the clear image of the house rear.

    2019-08-03 11.48.57.jpg
     
  2. tony1851

    tony1851

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    So if I send in a notification supported by drawings saying that the extension will go out no more than 16m from the rear wall, and some junior planning officer misses the "1" before the 6m, and says it's permitted development and gives me the OK? - I don't think so.
    If the next door neighbour woke up to find a 16m extension along his boundary, he would complain to the council, and the council could not say it is permitted development, when clearly the rules say it isn't.
    It would be an administartive error, and in those circumstances, the neighbour could rightly demand some compensation for loss of amenity.
    The fact that the council have made an (incorrect) determination does not automatically grant the work planning permission.
     
  3. ^woody^

    ^woody^

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    Yes he could. But he would have to go through the Local Government Ombudsman who can't alter the decision, only rule on maladministration.
     
  4. tony1851

    tony1851

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    I agree with that, and the Ombudsman would give the council a slapped wrist, and maybe some compensation to the agrieved neighbour (though by how much such loss of amenity would reduce the value of his property would doubtless be raised as an issue).

    As for me with my 16m extension, I would also be in no-mans' land because I would have an unlawful extension which the council wouldn't enforce against because of the cost implications; with no chance of planning permission or an LDC, so that might also affect a future sale of my property.
     
  5. ^woody^

    ^woody^

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    No you wouldn't, you have been given permission! Rightly or wrongly.

    Btw, in this scenario, (as with other planning approvals) there are so many checks and sign offs, by different people, it's unlikely to occur.
     
  6. firbest

    firbest

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    So should i just withdraw the Lawful Development Certificate and just build with my Prior Approval Not Required ? Or if i build now they can take enforcement action.
     
  7. tony1851

    tony1851

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    It's a pity you didn't build it after you got the approval notice; the council could hardly have come on you at that stage because they stated it would be OK to go ahead.
    However, since applying for your LDC, they have made you aware of the problem so you can't now say you weren't warned that it was not permitted development.
    I agree that the council has handled this very badly and is certainly guilty of maladministration. But not sure if you can make any financial claim as you haven't actually lost anything. Your agent was also asleep on the job because he/she should have advised you that the scheme would not have been permitted development because of the (original) bay window wall at ground floor level. Would you have paid to have plans prepared had he initially told you that it was not permitted development?
     
  8. firbest

    firbest

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  9. tony1851

    tony1851

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    All councils do that - they want to get as many people as possible to make planning applications rather than use permitted development.
    a) it gives them more money and b) they enjoy their little power trips of telling people what they can and can't have - it's called The Public Sector.
     
  10. Leofric

    Leofric

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    - a good reason not to allow loft extensions as permitted development ,and many other extensions :cry:
     
  11. noseall

    noseall

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    Christ on a bike! That's awful. It's enough to make Chris Wren weep.:(
     
  12. tony1851

    tony1851

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    'If thine eye offends thee, pluck it out'
     
  13. Leofric

    Leofric

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    It's called the planning process :!: Would you just let anybody build whatever they wanted whatever it might look like :?: - oh ,yes , sorry I forgot ,you would Tony :D
     
  14. tony1851

    tony1851

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    I agree it doesn't look good, but people need the space, and children should not be confined to rabbit-hutch housing.
    J.B.Priestly wrote: " we should be content to make the country hideous if all the people in it were tolerably-well housed".
     
  15. Leofric

    Leofric

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    - but they don't have to be hideous ,that's where design comes in , just some consideration for the appearance would help.
     
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