Extending an extension

[Chris Sparks]

I have a problem.

I applied for planning permission to build a 5.4 metre extension to my semi detached house.

The determination deadline passes and the case officer is still telling me she's putting it through for approval. Then all of a sudden it appears it's not going to be allowed.

So my question is... I can build this extension to 3m no problem and in theory 6m under permitted development but can I build using building regs. to 3m and then apply for an extension to this extension?

I would be interested to hear your thoughts

 

[blup]

I believe the limit is based on the original house, so 2 x3 or 1 x 6 .

Blup

 

[^woody^]

You question is confusing, but if it relates to building regulations, then that application can be different to any planning application, and it can be amended if need be as work proceeds - you just need to pay extra fees or submit extra details as required

 

[Chris Sparks]

Hi All

I'm a bit confused by Blup's reply. Woody I'll try and explain a bit better. My architect drew up plans for a rear extension to my semi detached house. The extension was not the full width of the house but stepped back from the boundary with my neighbour and the total length was 5.4 metres. The case/planning officer visited the site and I explained what were hoping to do and why. All the 'Important Dates' passed without any comment from the planning department and the case officer was telling me she was putting it forward for approval. 7 Days after the Determination Deadline the planning officer was still saying it was going to be approved and then she drops the bombshell the day after saying it's unlikely to be approved.

The extension is less than 6 metres in length and complies with height requirements. So It could be classed as permitted development. If it's more than 3 metres my understanding is that the authority goes through a neighbour consultation scheme and if there are any objections the application can be refused. If the extension is 3 metres or less then only building regulations apply and I don't have to consult my neighbours.

So ultimately I want to build a 5.4 metre extension but this seems unlikely unless I appeal which I will. However, what I was considering is building a 3 metre extension and applying building regs . and then at a later date applying to extend to 5.4 metres. The idea being that any objection would be irrelevant because there is already an existing building there.

I'm guessing that if I build a 3 metre extension and then two weeks later apply for an extension I'm not going to be successful.

I just wondered if anybody knew if this could be done. Does this make sense?

 

[oldbutnotdead]

Is it full pp you've gone through? If yes, have a look on your council planning website and see if there are any objections from your neighbours, also see if the report from planners is there showing reasons for refusal.
If your neighbours haven't objected then go the neighbourhood consultation route- afaik if neighbours don't object and the thing hits pd criteria re height, distance from boundary, remaining garden etc then you're allowed to build it.

 

[Chris Sparks]

Yes Oldbutnotdead we went for full PP so as to try and head off my neighbour from complaining part way through the build.

Website doesn't show any objections but clearly something has gone on. They're just not telling me. Not seen any reports but my architect has today emailed the case officer to say she hasn't answered his previous emails and that he wants sight of her approval report and the refusal report.

Extension is for a a downstairs loo, utility, shower room and a kitchen extension. My wife is currently disabled and awaiting surgery and my daughter is special needs and doubly incontinent hence the need for a utility room.

 

[freddiemercurystwin]

Sometimes the Head of Planning (who ultimately signs it off) overrules an officer.

 

[HERTS P&D]

Should of started digging earlier.

Andy

 

[oldbutnotdead]

Prior consultation doesn't work like that. Neighbours get notified of your plans, they have a fixed period to respond to the consultation, if they miss that date substantially (and you build to your plans) their objections will be ignored. 'substantially', by the way, would be weeks or months after, not the day after the consultation closed.
In terms of planning, your needs are unlikely to trump any provisions in the local plan so little point pushing them. If the due date for pp decision has passed then nag planners for refusal reason and take it from there

 

[blup]

You can do either, but the measurement is from the original house, so there will be neighbour involvement if you go for the 2x3 approach i.e. a second application will be treated as 6 metre (or more than 3 metres) extension. Otherwise everyone could get round it. Why have they refused?

Blup

 

[^woody^]

The idea being that any objection would be irrelevant because there is already an existing building there

No. What will happen when you apply to planning for the additional 2.4m is that they will apply the very same planning policies that made them refuse the 5.4m extension in the first place.

Your plan-drawer should have been aware of the impact of any local planning policies and designed around them, or advised you accordingly. Typically the 45° rule prevents large extensions, and there are other issues such as mass and overbearing design.

You should be told the reasons for rejection in the decision notice, and further info is in the officer's case report. You should be given the chance to withdraw the application before the final decision day

 

[oldbutnotdead]

Yes Oldbutnotdead we went for full PP so as to try and head off my neighbour from complaining part way through the build.

Website doesn't show any objections but clearly something has gone on. They're just not telling me. Not seen any reports but my architect has today emailed the case officer to say she hasn't answered his previous emails and that he wants sight of her approval report and the refusal report.

Extension is for a a downstairs loo, utility, shower room and a kitchen extension. My wife is currently disabled and awaiting surgery and my daughter is special needs and doubly incontinent hence the need for a utility room.

By the way, if neighbours have objected directly then their objections should be attached to the planning application and visible - if your council doesn't have a website then trot down to the planning office and request sight of them, this is your right (and the same right as any other person), planning applications, objections and decisions are public documents.
If neighbours have objected via their councillor or some other handshake route and there are no policies breached by your plans then you're potentially into maladministration territory.

 

[Nakajo]

You lost me right at the start. What was the problem with going down the Prior Approval/Neighbour Consultation option?

In case it's not clear from the above, note that you cannot use Prior Approval to extend an already existing extension (although Council's sometimes seem to be unaware of this).