Building on boundary

[deb960]

HI
Iwonder If someone can help. Before we had plans drawn up we phoned our local council about what we wanted to do and was told the extension would have to be 1 metre in from our boundary which would kind of half the room sizes we would like.

Just noticed a few roads away, it looked as if they had built up to their boundary, exactly what we wanted, however when I phoned the council, they have an alleyway down the side of that side of the house (where ours is the other side of the proposed build work) so they can use this with the 1 metre rule. So think we are stuffed, however the distance between them and their neighbours house (when extension complete), is exactly the same as the distance between us and our neighbours house (when extension complete) - do you think we could appeal or would be just wasting our time? We already have a ground floor extension which goes to boundary as this was done a few years back before the new 'rule' was put in place, the new extension is for a first floor extension,

Any help would be appreciated.

Thanks

 

[freddiemercurystwin]

Have you got planning permission or have you not even applied for it yet or has it been refused? Your post is not very clear in this respect. The 'advice' you receive from any council employee with regards to planning is just that: advice.

 

[RedHerring2]

I don't know if it's applicable in this case, but some councils avoid the possibility of terracing, ie. the joining of semi's or detached to create a Terrace effect.

That is why you'll sometimes see the first floor extension setback from the frontage line to avoid that effect.

If you were granted permission to go to boudary line with a continuous frontage, and your neighbour did the same you'd end up with a row of terrace houses.

 

[deb960]

Hi
We had plans drawn up and as per the councils response, ie 1 metre rule from boundary and this was approved, but just means we have to come in one metre further than the existing ground floor extension due to this new rule, and thus making the rooms much smaller than we had anticpated.

I phoned the council again today and was told the 1 metre rule from boundary does apply and that if we want to re-submit plans without taking this into account, they would more than likely be refused!

As said, I can understand what they are saying, but from looking at the two completed building works, will appear no different aesthetically at all.

Hope I have made things a little bit more easier to understand.

 

[deb960]

Hi red herring - thanks for the response. Yes I do understand the terrace effect, however even though our neighbours are detached also, it would not look like a terrace effect as all the other houses around are different so could not continue down the road, if you get what I mean. I think in our road, there are 4 different style houses that run down the lane, so all ours is different to both sets of neighbours. Also the neighbour the other side has a double drive and garage which gives us loads of room and set back.

Just want to see if there may be a way round it - but probably not

Thks
Debbie

 

[freddiemercurystwin]

You can't use the appeal system to get something different to what has been approved. You can only appeal against a refused planning decision.

You would have to submit a new application. As mentioned its kinda hard to judge whether it would be approved or not that's the nature of planning. Personally if it were me I'd have gone for it in the first place and then reduced it to get it through if necessary. Why not just whack in another application, it shouldn't cost much to have revised plans drawn up and re-submitted, will be another £150 LA fee of course but you never can tell. Your designer or someone needs to write a good bit of spiel to justify this application and why a stepped back application will be detrimental. Often there is scope within the Local Plan to be allow exceptions to the rule.

 

[deb960]

Hi

Thanks for this and I think you may be right to resubmit the application to what we want as as you say, know we cant appeal at the moment because it has been approved the way it is supposed to be.

Then as you say, put some spiel in there as to why we think it should be allowed and also if we go by 'their rule' it will cost us so much more in steels that need to be put up, and also more time (although I'm not too sure if they will be too bothered about that!).


Also aesthetically it will look so much better from the front of the house to do the full extension and not have to go in a metre, where it will look odd!

 

[^woody^]

If building to the boundary contravenes the local planning policy then it will be refused and you will have no valid reason for appeal - on the sole basis that planning policy is not being adhered to.

So your new application will just waste time and money and you will be no further forward

No amount of spiel is going to get you anywhere if you are proposing work not in accordance with planning policy. The policy is there for a reason, and if everyone puts in some spiel to get what they want, then the policy is pointless

Any extra build costs (ie your steels) or build time is irrelevant to planning regulations

 

[freddiemercurystwin]

No amount of spiel is going to get you anywhere if you are proposing work not in accordance with planning policy. The policy is there for a reason, and if everyone puts in some spiel to get what they want, then the policy is pointless

As mentioned Local Plans sometimes allow for a little justified negotiation. If there is none in this respect then I agree with you ^woody^.

 

[^woody^]

Yes, the OP needs to check exactly what the local planning policy is - specifically the wording.

If it is "no building up to the boundary" then there is no chance. If it is "need to avoid terracing effect" then there is a chance if it can be demonstrated that terracing wont occur or can be designed out.

Also the OP needs to better understand what terracing is - its not just looking like a terrace!

 

[deb960]

Hi again
Thanks for all the advice given, and yes I do know what a terracing is and understand what the council are trying not to get.

Thks