6m extension refused 2nd time

[Mr Enayat Ali]

Hi
Can anyone help or advise please
Recently purchased a semi detached house and applied for a 6m extension under PD,

1st application got refused because neighbour on right side complained even though they have 4m extension and
that the proposal would not significantly impact on the amenity of the unattached neighbours due to existing 4m rear extension and side access. This neighbour is considered to have a reasonable level of amenity.
However, The attached neighbour would be the property most affected by the proposed development. There are concerns that the impact of the 6m deep extension would have a detrimental impact on the attached neighbouring residents.
So we made an agreement with attached neighbour that I pay for there 6m planning fees and we did a joint application.

2nd application for both houses got refused again
Reason In terms of the impact of the proposal on the attached neighbour it would be situated right up against the boundary of this neighbouring property. This neighbour does not currently benefit from a rear extension. As such, it is considered that the depth of the proposal would make it overbearing to these neighbours, dominating their outlook, something which would unacceptably impact their amenity.
It is also acknowledged that the attached neighbours have submitted a prior approval application for a 6m deep rear extension too. However, officers can only assess applications on the basis of developments that are present on site at the time applications are made. Google maps, the site location plan submitted for this application and the site photos provided all illustrate that this neighbour does not currently benefit from a rear extension.

I really don’t get it
Any help PLEASE

 

[Seafarer1966]

If it's PD (Permitted Development).....third line of your post, you don't need planning permission. Just Building Regulations approval.

If you do need planning permission and have applied for it and it is refused you can appeal. In this case the planning application is taken out of the hands of the 'local planning authority' (your local council) and Central Govt take over (the Planning Inspectorate).

 

[Mr Enayat Ali]

architect submitted plans under Prior approval

Proposal
Single Storey rear extension with an overall depth of 6m, a maximum height of 3m, and an eaves height of 3m. (PRIOR APPROVAL)

Is this same as Permitted development?

 

[DevilDamo]

If it's PD (Permitted Development).....third line of your post, you don't need planning permission. Just Building Regulations approval.

Normally... yes, but not in this case. A 3m deep extension would be PD but a 6m deep extension would require Prior Approval. This is on the assumption the house is semi-detached or terraced.

Under Prior Approval, impact on neighbours would only be considered if a neighbour was to comment/object, which is what has happened here.

Any formal Planning application would need to address and meet Planning policy. If the proposals do not meet policy, Planning will be refused. Review the design and propose some changes that would not be seen to cause any detrimental impact on neighbours.

 

[tony1851]

This is the problem with the neighbour consultation scheme. To be successful, no adjoining owner must complain. If one owner objects, then the council has to consider the impact on amenity of all adjoining owners, even those who did not complain.

It seems unfortunate that the council has dismissed the objection from the one who did complain (on the gounds that there was no impact on his amenity), but takes into account the amenity of the one who did not complain.

Unfortunately those are the rules as laid down in the GPDO and unless you can persuade the difficult neighbour to not object to a further PN application, it looks as if you won't get very far.

 

[Mr Enayat Ali]

Thanks guys
I thought I would overcome this issue if i got my neighbour his 6m planning but they refused him and then me.
This is what they said ...

It is also acknowledged that the attached neighbours have submitted a prior approval application for a 6m deep rear extension too. However, officers can only assess applications on the basis of developments that are present on site at the time applications are made. Google maps, the site location plan submitted for this application and the site photos provided all illustrate that this neighbour does not currently benefit from a rear extension.

 

[wessex101]

I would have thought that was strong grounds for a successful appeal.

Refusing both adjoining owners 6m prior approval applications on the grounds that both would adversely affect the other's amenity is bonkers. The planners were really clutching at straws when they dreamt that up.

 

[^woody^]

Can't the both extensions be put on a single application?

 

[Captain Nemesis]

Surely single application and single build with one party wall rather than ending up with two external walls close together is the way to go?

 

[tony1851]

Surely the planners could set a condition that both neighbours must build?
How do the planners not know that the neighbour might sell up and new people move in (who don't want to build) while the PN application is going through?

 

[^woody^]

Surely the planners could set a condition that both neighbours must build?

Prior approvals can't be conditioned

 

[Captain Nemesis]

But a Section 106 agreement can be required to enforce a "both or neither" obligation.

 

[^woody^]

LOL. For a house extension?

 

[Captain Nemesis]

Yes

 

[^woody^]

Ok then.