extension build turned down due to conserbation changes

[joolsps]

Help, after completing the extension on our home, we were told that now we were in a conservation area and had to demolish it. after 2 appeals lots of pain and heartache we are now in dire straits. This project was completed before the conservation date, plans had been submitted and enforcement staff involved from begining to end. 2 months after completion we were told it could not stay under new conservation law!!!!!
Anyone with any advice which may help would be gratefully rec'd.

 

[Inky Pete]

Did you actually get planning permission for the extension before starting work - or did you just submit the plans , assume they'd be passed, and crack on with the work before getting the formal go-ahead?

If you DID get planning permission, does your extension differ IN ANY WAY from the plans which were passed.

 

[joolsps]

Thanks, We didn't need planning permission as it was within permitted development. Our neighbour complained and we submitted the plans, they gave us the go ahead in writing!

 

[freddiemercurystwin]

Only a Lawful Development Certificate is lawful; Did you get such a certificate? Or just a random letter from the council saying it didn't need formal planning Permission?

I don't really understand the timeline of all this tbh.

 

[big-all]

well theres something missing from what you have said

on what grounds where you refused ??

 

[Inky Pete]

Need more info here to be able to offer an opinion.

If it genuinely was within permitted development then as far as I'm aware your neighbour wouldn't have a right to complain. Did they complain after it had been completed?

Sounds like it might be a "difference in interpretation" over what is and is not permitted development.

You say that "enforcement staff" were involved from beginning to end, was that Building Control (who are only interested in the quality of the build itself), or your local Planning Department (who deal with the permissions)?

 

[^woody^]

Yes there is definitely some detail missing

If the work was permitted development then there are no grounds for demolition, and just because a neighbour complains doe not mean that a planning application has to be made

Also, how did you manage to get two appeals? You only get one appeal, and after that you need to go to the High Court on point of law

If you have appealed to the Planning Inspectorate, then they would have presumably considered all points, so you may be up that creek without the paddle

 

[jeds]

Apply - appeal - re-apply - appeal?

What was it, side extension or roof extension?

 

[^woody^]

Apply - appeal - re-apply - appeal?

Yes but the OP could not have re-applied with the same design or anything very similar to the initial design, so there is only one appeal, and if he did re-apply then it would have to be something very different to appeal on

So for retrospective permission there can only be one appeal - because the design can't change!

 

[jeds]

Not saying the two applications were for the same thing - it's just the only way I can think he got two appeals. My guess is that after the first refusal and dismissed appeal he went for a re-design (or alteration really because the thing is already built) which was also refused and then dismissed at appeal.

 

[jeds]

double post

 

[^woody^]

It can't be that much of a big deal if the OP can't be bothered to reply though

 

[lpasengland]

What a pointless thread - far too little info, and the info that there is doesn't even make any sense.

If the works had planning permission and were built in accordance with the plans, then there wouldn't be a problem. If the works were permitted development at the time when they started, then it wouldn't matter if the area was subsequently designated as a conservation area during or after the process, because you only need to rely on the PD rights that were in place at the date that you started works.