Amended approved planning - yes Ive been a little bit naughty

[shabbaranks]

Hi guys n girls

We had our planning application approved and a conditional part of the approval was to have frosted glass on the first floor east elevation - only 1 window this side and its in a bathroom so we would be silly OR VERY PROUD OF OURSELVES not to frost it over. Anyway...

Fast forward a year with the extension built and we might have extended it by a meter over what was in the original plan. Since this and a very nosey neighbour we're guessing reported it our local planning officer has said we need to come up with a solution as the plans cant be approved given the end product is different. They suggested we look at section 73 (which doesnt really mean a lot to me) and after a quick Google I noticed another option "S96A".

We havent changed any materials or anything just stretched out what was already on the plan by this 1.4m so am I on to something or is section 73 or something else the way to go? Also has anyone had any experience of this or something simular to help or point me so I can get this resolved? Or even permitted building (on a plan approved building?)

Oh and yes I will sit on the naughty step for what we've done. Thanks!

 

[Dereekoo]

Might have extended by a metre, then its 1.4 m
Now come on what is the real amount, 3m?

 

[jono_h]

I thought, from other posts in the past, that a new planning application is the way to resolve it.

Section 96a deals with ‘non-material’ ammendments, although it seems that guidance on what non-material entails is up to the Authority. With the best will in the world I can’t see 1.4m as being non-material anyway.

https://planningaid.zendesk.com/hc/en-us/articles/360011256758-Non-Material-Amendments-to-an-existing-planning-permission-section-96a-#:~:text=A%20non%2Dmaterial%20amendment%20application,to%20the%20development%20as%20approved.

Material ammendments are dealt with using a S73.

I’ve just marked out my foundations and contemplated squeezing an extra 6 inches on the width, and thought that was cheeky!

 

[^woody^]

If your plans were approved, how is it that the planner is saying that the plans now can't be approved?

 

[shabbaranks]

So yeah the actual distance is 1.4 meters (from what the planning authority said).

The reason our plans have been approved and then unapproved is because there are conditions on the approval (the frosted glass in the bathroom which we have done) if the actual structure deviates from the approved plans - the 1.4 meter longer then effectively these arent the approved plans (the building is longer) and if anything was to come up in the future its not what was approved if that makes sense?

 

[shabbaranks]

Interestingly enough I had a call with the local planning department - general help kind of person. They were really good and very knowledgeable - more so than the senior person who gave us the warning and spoke to me about what I needed to do.

What I find frustrating is we're not trying to avoid anything or anyone we just want to put right whats wrong. Turns out our section 73 will go to the senior case investigator for them to review (yes the same person as mentioned above) so it all just seems like pointless paperwork.

 

[oldbutnotdead]

I'll flip it round if you like- you applied for pp, your neighbours had a look at the plans & thought 'thatll be fine'. Come building it you've stretched it by 1400mm (which is a significant deviation), it's now more obtrusive, possibly creating a canyon back garden, possibly encroaching on 45 degree to a neighbours window (don't know, not seen the plans) or maybe they just don't like the look of it and your actions have given them ammunition.
Why didn't you apply for the bigger size when you put the pp in

PS Yes you have tried to avoid something- you've avoided being truthful with your neighbours and with the planning authorities. May find that an expensive mistake ...

 

[cdbe]

1.4m, complaining neighbours, and that's a non material amendment - bargain!

 

[shabbaranks]

I'll flip it round if you like- you applied for pp, your neighbours had a look at the plans & thought 'thatll be fine'. Come building it you've stretched it by 1400mm (which is a significant deviation), it's now more obtrusive, possibly creating a canyon back garden, possibly encroaching on 45 degree to a neighbours window (don't know, not seen the plans) or maybe they just don't like the look of it and your actions have given them ammunition.
Why didn't you apply for the bigger size when you put the pp in

PS Yes you have tried to avoid something- you've avoided being truthful with your neighbours and with the planning authorities. May find that an expensive mistake ...

This may be true (although most people say 1.4m isnt significant) and yes we should have put it in the original plans but didnt really visualise what the original plans would have looked like so obviously didnt and as you said you havent seen the site dont know the setup so you're making an assumption - but yeah anyway. Just a shame the neighbours didnt come to us directly as we would have resolved it there and then.

Either way it is what it is thanks for your feedback.

 

[Mister Banks]

Interestingly enough I had a call with the local planning department - general help kind of person. They were really good and very knowledgeable - more so than the senior person who gave us the warning and spoke to me about what I needed to do.

What I find frustrating is we're not trying to avoid anything or anyone we just want to put right whats wrong. Turns out our section 73 will go to the senior case investigator for them to review (yes the same person as mentioned above) so it all just seems like pointless paperwork.

If you want to put right what’s wrong then partially (if that’s even possible) knock it down and build it correctly as per the approved plans. Or, have new plans drawn up and resubmitted for approval.

 

[noseall]

we just want to put right whats wrong

Re-build as per plan, surely?

I pap meself when going over by a few mill, and you thought 1.4m would be ok? You must have some neck, or deep pockets.

 

[shabbaranks]

Though? Not sure what you mean?

 

[Fred Blogs]

A troll obviously. Let it stew in it's own cess pit.

 

[shabbaranks]

Not a troll just wanted productive feedback. Im not going to knock the extension down and Ive found my solution so thanks to all. Case closed ⚘⚘⚘

 

[noseall]

Though? Not sure what you mean?

Now edited.