Appeal Planning Permission Rejection

[icemancomeths]

Hi all,

I am after some general advice as I feel a bit let down.

I live on a street which has Semi detached houses, the majority have a side 2 story extention. The majority of these have no gap between the boundaries but are set back 1/2 meter or so.

I have completed an application form with designs after discussing this last year and it has been rejected because it is not 1m from the side (its 0.7m) and its not 2.5m setback (its 1m).

The guidelines NOW state it must now be 2m min from the front and 1m min from the side. Within the last 3 years 5 houses have all had planning accepted much less then the guidelines are now.

Is there any point appealing because of these 'guidelines'?

To sum up, like most of us who require extentions, we only have a 2 bed house and are having our second child and can't afford to move.

 

[rjm2k]

Is there any point appealing because of these 'guidelines'?

I doubt you will have much success if that's what the guidelines now say, could you alter your plans to fit in with them? If you could "oil" the correct mechanisms and get it to committee then perhaps they could take into account the fact that the rest of the street isn't to current guidelines but I think you are more likely to win the lottery and solve your accommodation issue that way.

To sum up, like most of us who require extentions, we only have a 2 bed house and are having our second child and can't afford to move.

Could a loft or rear extension be a possible alternative?

 

[icemancomeths]

Thanks for reponse rjm2k.

Its basically whats cost effective.

I already have the first floor extention with required footings etc. I was hoping for a simple build on top because we can't afford the loft or rear.

It just frustrates me that all others have it and they look good.

If I set it back 2.5m thats nearly half the house.

 

[rjm2k]

Planning can be very frustrating and appear to be random/corrupt, we once had an application to move our own fence 1m within our own boundary refused due to the "effect" on a neighbour (in reality there was no effect at all).

Not long after, another neighbour was allowed to literally more than double the size of their house (both ground and 1st floor), building right up to the boundary, building over a main sewer and adding a double garage. It had a major effect on another neighbour but was somehow ok! I guess it either boils down to persistence or knowing the right people.

 

[luisdesign]

The question is less of what others have done and more on what has changed.

It is possible that the authority policy / guidelines were changed recently, maybe within the last few years. Extensions to other houses may have been approved before any changes so would have complied to the rules at the time.

It is also possible that other extensions did not receive planning at all anyway.

In any case, it is difficult to properly assess chances of success at appeal without more in depth knowledge and information but things you will want to find out include:

1. when the neighbouring extensions were granted UNDER PLANNING (the latest one specifically)
2. whether any policy documents have changed since or around that time.
3. whether any design guidance from the authority has been adapted or released since that time.

What you are aiming to do is to try to find out where your property and proposal matches those already approved, and then work out what changed from then to now. bear in mind that property location, orientation and siting can all affect this.

If nothing has changed, and your proposal is identical, then you have to work out why your proposal was not acceptable but other identical ones are. If it's coming down to this then you are building a very strong case for an appeal.

Sooner or later you will need to consider getting advice from someone who can go and have a look and assess all the details and the chances.

 

[rjm2k]

Does it say which policies it was refused under? Have you looked them up?

 

[kjacko]

Can you not argue the point that often pp is refused when the plans would make the house look different to the rest in the street.
Well now their new guidelines will make your house do exactly that; look out of line with the others that have been extended is the same way you want yours to be done?

Worth a shot i guess.

 

[^woody^]

You appeal on the rejection reasons in context of the policy in force at the time the application was made

Any appeal will be assessed on that and in context of the local street scene

It is irrelevant what has changed in the meantime

 

[icemancomeths]

You appeal on the rejection reasons in context of the policy in force at the time the application was made

Any appeal will be assessed on that and in context of the local street scene

It is irrelevant what has changed in the meantime

What exactly do you mean?

I mentioned to the council that no other property on my street has an exstention like they propose in the guidlines. (1m side, 2.5m back). Thus if I did have this it would diminish the current character of the street.
They simply said these developments were passed before the new guidlines came into play (5 properties passed between 2008 and 90).

Is anybody aware of the guidelines in 2008? In terms of 1m side, 2m back because I can't challange this.

The council is Leeds City.

 

[freddiemercurystwin]

Your proposals need to meet guidelines that are current at the time of application not from yesteryear. If they do not then the proposals do not meet the current guidance do they and have been rejected on that basis. Saying everyone else has done it is not a valid argument. Policies change, simples. Your designer should not have submitted something that did not conform to Local Plan guidance unless you were made aware of this non conformity (by him) before application.

 

[rjm2k]

They simply said these developments were passed before the new guidlines came into play (5 properties passed between 2008 and 90).

The new guidelines may well have been drawn up because the view was that the old ones were causing issues, only the current guidelines are relevant.

The council is Leeds City.

Good luck!

 

[icemancomeths]

I absolutely understand that freddy, but my case is this. It does not keep with the design and character / streetscene.

Please see page 5 of the following document.
http://www.leeds.gov.uk/docs/PLN HH design guide 2011 draft 8a(1).pdf

Then please see Page 29 and 30.

To me it is full of contradictions.

 

[jeds]

Have you actually read the guide yourself? If not get a copy and read it through. A thing to know about planning officers is that many of them have very little imagination and most of them are extremely fickle about minor rules. It's a favourite planning officer thing to take a 'guide' and turn it in to the most important golden rule of the universe - usually embellished with their own little slant. Bottom line is you've got nothing to lose by going to appeal. If you do it yourself it costs nothing and the inspector may take a different view of your particular situation.

 

[^woody^]

Past bad planning decisions or policy which may have resulted in a poor street scene, does not set a precedent to repeat the mistakes and allow further extensions to match what is already there

 

[CB1974]

Im facing the same issue as the original poster (Icemancometh) - If you are reading this I'd love to know how you got on with your appeal, if you did appeal that is?

Id also be interested to hear from any readers who offer planning consultancy, are the new proposals (these being - 1m in from the border and 2m back from the front wall of the house for 2 storey side extensions) common knowledge?