Difficulty with planning

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Tyne and Wear
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Hi,

Wonder if anyone can lend any experienced advice or point me in the direction of self help.

I purchased a house to renovate and extend to move into. It's a 1970's semi in a street of same design properties. A number if these properties have been extended to the side adding 4m to the original property.

In my particular plot there is much more space on the side, therefore the ground extension to the side is 88% of the original dwelling. Originally I had the upper level to the same degree with a 1m step back at the front to provide subservience. However planning still said too big at first floor and it will need pulling in. Ok fair play so I pulled it in to 65% (4.35m). The ground level they were not concerned about so this remained. However I moved the front of the upper extension to step back 0.5m rather than the original 1m.

Planning looked at the revised plans and originally said they were fine yet a day later came back and said they went following a measurement with their scale rule showing over 4m to the side at first floor. Also they noted that the front had been brought forward and they wanted it changing back to 1m step back.

I arranged a meeting with the planner and noted that due to the roof plane it would not be possible to pull the side in the extra 0.35m or front 0.5 and that whilst others properties in the street where 4m to the side they were stepped back less than 0.5m at the front. They noted that "each property is evaluated on their own merit etc" blah blah! However I noted that if I could get the side in to 4m would they allow the 0.5m step back for which they said no, it needed to be 1m.

At this point I ask for a reason why a more prominently positioned property was granted recent permission for 0.4m step back and displayed photos as an example. She went to check the details of the other property and noted that it had not been built to the approved plans and that what had been approved was 0.8m! Now not wanting to get anyone else into any trouble I dropped this argument. However 2 other properties opposite which had extensions started last year, just finishing now have a 0.3m step back, which were approved as such!

Now I've revised my plans and managed to squeeze a 0.8m step back but now think I'm being unfairly treat given all other extensions on the street are not stepped back to the same degree and will as a result flip a lid if they still come back and deny this.

I wouldn't actually mind, yet as noted I can't achieve the 1m without major change due to the roofline I need to cater for at the rear, as a result of the first floor being brought in over the ground floor. Hard to conceptualise without example I know but take my word on this for information only :).

Anyway, the main question is, do I have any argument in relation to the other properties and their much reduced step back and is there anyone who I can go to in order to seek advice?

From what I've read reading a lot of acceptance and rejection notices, the reason for rejecting one can be the exact same reason for accepting another by different case officers. In fact the case officer that accepted the 0.3m step back on a neighbor is the same case officer I have! The whole thing seems very subjective and unreasonable... Or am I being unreasonable to expect the same level of treatment given the ground floor is larger because of the larger plot?
 
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Does your proposal meet the local plan guidance? Precedents set by other properties rarely carry any merit these days.
 
SPD states 1m step back. Yet the argument is why was this also not also applied to the other 3 neighboring properties all built within the last 3 years when SPD has been introduced since 2012.
 
I believe the planning policy framework states that precedence cant be used as a justification for consent.

If your neighbour has a massive carbuncle, it doesnt mean you can have one!

This subservient requirement planners want often makes roof dedign awkward. I see lots of side extensions with the extension roof just a foot lower.

Even worse is really low pitch roofs done to meet permitted development.
 
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That's crazy. So basically a decision can be made and guidance altered as the wind blows or case officers mood changes.

They are enforcing bad design through not applying common sense instead of encouraging good design that looks right and is asthetically pleasing.
 
You could probably try that argument with the planning inspectorate on appeal, but the planner would be within their rights to refuse an application that does not meet the local planning policy
 
I've got one at the moment where the planners are being complete dicks about the front set back, they have asked for a 3 metre set back. I originally thought it was a typo but they really are asking for 3 metres. I provided them with a list of 27 properties in the same road that have similar side extensions with no set back at all. Their planning policy is a joke, it is so vague and ambiguous it is meaningless, it has no recommended dimension for set backs.

I have gone to appeal and in reading all the recent appeal cases the inspectors seem to place quite a lot of weight in other recent applications as it illustrates how the planners are interpreting their own local policies and inconsistencies. But having said that the appeals seem to be a complete lottery, as the OP has found out the planners will use the exact same argument to approve one application and reject another. However I would have thought citing 3 recent neighbouring examples approved under the current policy would give your application considerable clout.
 
They want to hope I don't appeal and win or else I'll be claiming some council tax back through damages as a result of lost time and having to pay additional mortgage payments I would have otherwise not have paid.
 
Across the board, approximately 1/3 of appeals are successful. In my experience, appeals for costs are almost never successful, so don't hold your breath.
 
Our case officer works part time at 3 days a week, has been on training and holiday with no backup, delayed a site visit 2 weeks because on the first occasion she couldn't open a door I left unlocked for her and the second her electric car ran out of power. We arrange a meeting to try and get things moving quicker yet when we get there at 9:50am for a 10am meeting, we call up from the phone in reception to her department and they tell us she isn't in yet and doesn't tend to get in until later. She then rocks up at 10:30, half hour late and on top of that every compromise we try to come to she refers to her superior who is either always on holiday or elusive. It's been 12 weeks now and it's getting a bit of a joke. I've now got to wait until next week because her superior is on holiday this week and she needs to discuss the 0.8m step back rather than the 1m. On top of this wants to reconsult neighbors for 2 weeks because of the change in design due to their rejection of the previous full width. Why they could not have told me this before previous consultation is beyond me.

I guess I'll need to see what next week brings now.
 
Sadly that is not an unfamiliar story. You cannot negotiate with someone who has to go back and consult with their line manager on every little detail, especially with that time frame, 3 months is not that unusual to get a decision for a fairly simple residential extension. It would seem that all the experienced planners have left to work for private consultancies with only the muppets and new trainees left.

I'd suggest you start researching appeals and how to write a statement of case. Mind you I phoned the inspectorate the other day and apparently they have got a significant backlog so their target of 3 months is looking more like 6 months.
 
Good news, hopefully! They say "in principal" the latest submission is successful, yet they will do a 1 week neighbour consultation, which is better than the initial 2 suggested.

Fingers crossed.

Still slightly miffed at the lack of standardisation they apply yet just want to move forward.
 
I've got one at the moment where the planners are being complete dicks about the front set back, they have asked for a 3 metre set back.

3m is really ridiculous setback.

Mind you I phoned the inspectorate the other day and apparently they have got a significant backlog so their target of 3 months is looking more like 6 months.

I have been partly involved in an appeal that was submitted at the end of January 2017 and still no answer yet.
 

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