Height of rear extension

[Star29]

so from reading your comments, they cant actually force us to put in retrospective planning and they cant issue an enforcement notice as they don't have all the details they need to ask us to amend the property as its not straightforward.

obv we want to move in, so we have asked the architect to draw plans as currently built and then take to the council as they have free guidance sessions to get their thoughts. we will be asking the planning officer boss to join the meeting as we dont agree with the planning officer to approved the plans.

 

[jeds]

I would advise against reapplying at this stage. The planners have landed themselves with a disgruntled neighbour due to their misunderstanding the method of measurement. I don't see why you should jump through their hoops just to get them out of their problem. My advice is stand your ground and tell them as far as you are concerned you have planning approval and although you acknowledge the extra course of bricks just say it was a genuine error (blame your builder) but the bottom line is; it's not causing any harm.

 

[Star29]

Update-we are now in talks with planing officer line manager who is asking for plans as built for front back and side to see if they match up to what's built focusing on the boundaries with immediate neighbours, which show the actual change in levels from the back of the original house to the rear boundary fence. the drawings are expected to illustrate the relationship with immediate neighbouring properties either side.

Sooooo annoying.

 

[tony1851]

Have they actually asked you to make a new application?

TBH, at first I was inclined to suggest going along with them and submitting a new application.

Luis, rjm and jeds all think you shouldn't and if it's only 1 brick higher than the submitted plan, then on reflection I think they may have a point. One brick higher is a minor breach, but has any significant additional harm to your neighbour's amenity been caused? Probably not.

The fact that the plans didn't show the neighbours ground, and the planning officer didn't raise this point after his site visit (and yet approved the plans) count in your favour.

If you threw the ball back in their court and refused their request for additional plans, one wonders if they would be prepared to risk enforcement. In an appeal, their incompetence would be raised as an issue and they will be fully aware of this.

 

[Star29]

Currently no new application just show them as built in Lots of detail.

If a new application is made and they reject does our original application stand? Or does that mean new application reject goes to appeal?

 

[rjm2k]

It sounds to me like the boss knows his minion has messed up and rather than admitting it and making him look a fool they are playing a game of draw me a picture so they can say oh now that we can see it on paper we think its OK. I am not an expert and would not submit a new app but maybe a small effort and a rough drawing like you posted of the actual build will give them the chance to go away quietly and hide in a corner. Since your approved drawings don't show next door and their report specifically considers next door as not affected I would not include any new datum points in the drawing. By messed up I mean in hassling you not in approving the original plans.

 

[tony1851]

It sounds to me like the boss knows his minion has messed up and rather than admitting it and making him look a fool they are playing a game of draw me a picture so they can say oh now that we can see it on paper we think its OK.

You obviously know the system!

So the bottom line is that the officials want the OP to pay for a new set of drawings to get themselves off the hook! Brilliant!

 

[jeds]

Currently no new application just show them as built in Lots of detail.

If a new application is made and they reject does our original application stand? Or does that mean new application reject goes to appeal?

I've been there before. Enforcement said reapply - no problem - no reason it won't be approved - it's the easiest way to sort things out - etc, etc. Well it was a problem because it was refused. After months of arguing I pulled out and told them we allready have approval, the error (there was an error) was entirely of their making and if they are going to do anything about it get on and do it. They didn't and the enforcement notice was withdrawn. So everything was ok in the end but it wasted hours of my time messing about with them.

 

[rjm2k]

Any news?

 

[Star29]

no update as yet.

they asked for plans as built which we have just submitted so waiting on feedback from them. i will keep you all posted to what the outcome is.

our new architect has spoken to some friends at the council and they do think they are being quite harsh on us.

Anyway, i have never been through this process so really unsure of the outcome. Fingers crossed.

 

[Star29]

update, they have reviewed the plans as built and now want another visit. this time both senior planner and senior enforcement officer.

meeting in a few weeks.

 

[Star29]

update:

they council offers have come again this week and this what they have suggested we put a planning application in for:

The rear extension remains a domineering and oppressive structure, caused mainly by elevated ground level and the proximity to the neighboring boundaries. To address these two areas of concern it is recommended that the existing pitched roof is removed in its entirety and a flat roof introduced and the north flank elevation of the new rear extension stepped in from the boundary by at least 0.5m. To be absolutely clear, the suggested alteration to the roof should not involve the creation of any parapets to either side boundary.

should we appeal given that they have given permission on the normal 4 and 3 metres?

 

[rjm2k]

I seem to remember reading the officers report but can't find it now so assume you removed the link? It's probably easy for someone who is not at the receiving end to say this but if I'm correct and the officers report specifically considers the the neighbours I would NOT apply for permission again if what you have built is to the plans you submitted. The council have messed up why should you be out of pocket? what's the point in the planning process and approval if the council can then change their mind?

 

[Star29]

here is the extract:

Analysis - single storey rear extension
Impact on Surrounding Area
As noted in the previous application, due to its de
sign and siting at the rear of the property
and obscured from the street by the proposed two st
orey side extension, the proposed rear
extension would not detract from the character and
visual amenity of the property, it is
considered that the proposed extension will have a
no impact on the surrounding area having regard to Policy (II) GD3 of the Unitary Development Plan, and Core Policy 30 of the Core
Strategy.

Impact on neighbouring properties
As noted in the previous application, the single storey rear extension would be built adjacent
to the shared boundary with No.xx and would have a
depth of 3.0m with a maximum height
of 4.0m, falling to 3.0m at eaves. There is. It is
noted that a 45º line from the middle of the
nearest ground floor window of No.xx would intersect the applicant’s proposed extension,
however, the depth of the applicant’s proposed extension would be 3.0m which when taken
alongside the proposed maximum height of 4.0m and eaves height of 3.0m, and having regard
to the standards in the General Permitted Development Order 2008 and Unitary Development
Plan Policy (II) H12, is considered acceptable.
Privacy
As noted in the previous application, the proposed
rear extension has no flank windows
thereby protecting the privacy of the neighbouring
properties. The proposed rear facing
windows would not give rise to issues of overlooking in excess of that experienced currently.
As result the proposed rear extension is considered
acceptable having regard to Policy (II) H8
of the Unitary Development Plan

 

[rjm2k]

"shared boundary with No.xx and would have a"

xx being the neighbour in question?

As I said before, the officer Specifically considered the neighbour and said there would be no problem. If you've built to plan I can't see that they have a leg to stand on! If you've built slightly higher then it's a minor technical breach which they aren't supposed to enforce.

Do they really expect you to remove your ENTIRE extension roof and replace it with a flat roof, because their officer has apparently made a mistake or changed their mind?!

Out of interest, what was "the previous application" which was mentioned? It sounds to me like they didn't bother with a site visit and relied on a previous report - not your problem!

Also out of interest can you post a photo of this "domineering and oppressive structure" ?