1. Visiting from the US? Why not try DIYnot.US instead? Click here to continue to DIYnot.US.
    Dismiss Notice

6m extension refused 2nd time

Discussion in 'Building Regulations and Planning Permission' started by Mr Enayat Ali, 23 Jan 2021.

  1. DevilDamo

    DevilDamo

    Joined:
    14 Jan 2010
    Messages:
    1,936
    Thanks Received:
    315
    Country:
    United Kingdom
    The majority of joint Planning applications are conditioned as such that one cannot start and/or complete without the other.

    There are also instances where LPA’s require more (legal) control over particular development works, which attract a S106 agreement. I’ve had one where an annexe remained incidental to the host dwelling.

    I’m not aware of there being a joint Prior Approval application process nor any conditions or legal agreements being attached to such.
     
  2. Sponsored Links
  3. Nakajo

    Nakajo

    Joined:
    5 Dec 2014
    Messages:
    1,998
    Thanks Received:
    178
    Location:
    Berkshire
    Country:
    United Kingdom
    Woody, round here, Section 106 agreements/Unilateral undertakings are frequently used for just this kind of thing. That said, I could do with some egg-based moisturiser - the effects of lockdown and not seeing the Sun in so long.
     
  4. ^woody^

    ^woody^

    Joined:
    3 Sep 2006
    Messages:
    32,104
    Thanks Received:
    4,344
    Location:
    West Mids
    Country:
    United Kingdom
    The issue is not whether a planning obligation can be used, but whether it would or should be used for a poxy single storey rear extension.

    Planners follow guidelines, and putting a legal charge on the land via s106 for something that could otherwise be conditioned is not within that.

    Cap'n needs to up his google-fu. As they say, a little knowledge is dangerous.
     
  5. wessex101

    wessex101

    Joined:
    4 Jul 2013
    Messages:
    1,144
    Thanks Received:
    193
    Location:
    Dorset
    Country:
    United Kingdom
    It is also worth remembering that this is a prior approval larger home extension application so all this talk about hypothetical S.106 agreements is not really helpful to the OP.
     
  6. Captain Nemesis

    Captain Nemesis

    Joined:
    8 Jul 2020
    Messages:
    280
    Thanks Received:
    12
    Country:
    United Kingdom
    OK - seeing as how you so want to go there.

    upload_2021-1-26_17-9-5.jpeg
    upload_2021-1-26_17-9-39.jpeg
    upload_2021-1-26_17-9-56.jpeg
    upload_2021-1-26_17-10-13.jpeg
    upload_2021-1-26_17-10-25.jpeg
    upload_2021-1-26_17-10-39.jpeg
    upload_2021-1-26_17-10-50.jpeg
    upload_2021-1-26_17-11-5.jpeg
    upload_2021-1-26_17-11-19.jpeg
    upload_2021-1-26_17-11-39.jpeg
     
    Last edited: 26 Jan 2021
  7. Sponsored Links
  8. Captain Nemesis

    Captain Nemesis

    Joined:
    8 Jul 2020
    Messages:
    280
    Thanks Received:
    12
    Country:
    United Kingdom
    upload_2021-1-26_17-12-34.jpeg
    upload_2021-1-26_17-12-50.jpeg
    upload_2021-1-26_17-13-7.png


    Happy now?

    Should I hold my breath while I wait to see if youre man enough to apologise?
     
    Last edited: 26 Jan 2021
  9. Captain Nemesis

    Captain Nemesis

    Joined:
    8 Jul 2020
    Messages:
    280
    Thanks Received:
    12
    Country:
    United Kingdom
    In the example Im aware of there was no joint application nor conditional agreements. What there was were two S.106 agreements, each "mirroring" the other, signed by both applicants, which the council knew about when they granted PP.
     
  10. wessex101

    wessex101

    Joined:
    4 Jul 2013
    Messages:
    1,144
    Thanks Received:
    193
    Location:
    Dorset
    Country:
    United Kingdom
    So totally irrelevant then and absolutely zero help to the OP. But hey at least you think you won your little ****ing contest! o_O
     
  11. Captain Nemesis

    Captain Nemesis

    Joined:
    8 Jul 2020
    Messages:
    280
    Thanks Received:
    12
    Country:
    United Kingdom
    please look at the exchange and the context in which I said it -



    So actually, yeah, informing the OP that S.106 agreements can be used to create binding mutual agreements to actually build two extensions at the same time was relevant to that and could easily have been of use to him. What he said reads as if the council dont want to give either party permission because neither of them has already got an extension.
     
    Last edited by a moderator: 1 Feb 2021
Loading...

Share This Page