Extension Permitted 3m but Neighbours is 4m

[subzero]

Hi

We're currently having an extension built on a semi, to the permitted development length of 3m.

However, the house a couple of doors down (same type of house) has a 4m extension which was built in the last 5 years.

When we asked our architect about applying for planning permission to have a 4m extension he said there's no point as it would be refused due to the 45 degree rule.

So how come the the owners of the other house got away with a 4m ext?

 

[freddiemercurystwin]

We assume everything is identical as are yours and their neighbours windows etc? In which case your architect is probably a numpty to have dismissed it out of hand. Why don't you ask your architect?

 

[robduncanplanning]

You say that the extension was constructed in the last 5 years, and if it was built in early/mid 2008 or earlier it would have been carried out under the previous permitted development criteria which didnt stipulate a restriction on how much a rear extension could project, rather it imposed volumetric restrictions.

When the criteria was changed in 2008 the 3m restriction was brought in, so if they got in before then good for them. You have to consider your position in relation to the current standards and policies, rather than something which may have gone before.

Regards

Rob

 

[freddiemercurystwin]

Good thinking batman!

 

[subzero]

Rob that would certainly explain things, can't remember which year but I will confirm that.

OK but here the plot thickens - *their* neighbours have built an extension on the other side in the last two years - and of the same length. So I assume that if your neighbours extension was built prior to 2008 change of rules, it doesn't matter about current policy - your build would have to match the dimensions of the neighbours. Or at least that's how it seems to me...

 

[robduncanplanning]

Their neighbours would likely have required planning permission if they've gone beyond 4m. If they havent applied its unlawful and potentially subject to enforcement action. If they did apply it would have been assessed against the 45 degree standard (and their other usual policies). There should be Council records online to ascertain whether permission was applied for.

Obviously I dont know the site, but its possible that the extension you were originally referring to effectively moved their rear window further down the garden (i.e. the window off which the 45 degree standard would have been taken). This would then mean their neighbour's scheme wouldnt conflict with the standard as they came along afterwards.

Turning to your own scheme, you could consider an L-shaped style extension so that it is no more than 3m deep on the bit closest to your neighbours, but projects deeper on the other side such that the 45 degree standard is still met (or is at least no worse adjacent to your neighbour than a PD extension would be). It will need permission, but potentially worth exploring with your architect. This assume however that you have a standard semi-detached property with a flat rear elevation.

Regards

Rob

 

[DevilDamo]

And... it's easier to obtain planning approval if your neighbour has set a precedent.

 

[garyo]

My local authority's guidelines say that for semi detached houses they won't approve a double storey extension greater than three metres.

My neighbours had a 4m one that's around 15 years old so I chanced it with an application for one 3.5m deep on the basis that they may negotiate me down, but they appear to have just rubber stamped the application.

Have two neighbours that don't object probably helps.

 

[subzero]

Thanks again for your replies

Assumptions are correct about it being just a standard flat semi at the back and Rob good ideas

Unfortunately our build is already under way and footings are now in place so it's too late now anyway. It'll still be worth it I think but pity about the restriction.

Since the architect seemed very confident in the fact that we wouldn't be able to go for 4m, we didn't pursue it with the L.A.

As you say, the PD changes in 2008 restrict to 3m. It's a stupid 'law' if you ask me.

 

[freddiemercurystwin]

As you say, the PD changes in 2008 restrict to 3m. It's a stupid 'law' if you ask me.

Why's that then?

 

[subzero]

Well, if garden space is not an issue and also potentially your (semi-detached) neighbours may also wish to extend at some point, what's wrong with an extra 1m which would make a big difference?

 

[freddiemercurystwin]

Why not make the rule 5m instead then?

 

[stuartturbo]

If i recall rightly if i applied 9yrs ago i'd still have another year to go.
10years so in theory there is still pre 2008 builds not even started yet on if put up in 2018 you may think he got "x"m and I'm only aloud half that.