Merging PD rights & PA approval together?

[Idge50]

I am looking to have a 4m rear single storey extension built which would extend across the back of my semi-detached house. Unfortunately the previous owners had built a small kitchen side extension at the back of the garage that adjoins the side of the house. Because of this I cannot use Permitted Development (PD) to build across the entire rear as it would be seen as a side extension extending greater than 50% of the original Dwelling.

Looking at the local Councils planning portal, all 4m rear extensions that have had planning permission applied for appear to be denied with the reason based on the their Development Document that they follow, which states; Rear extensions to be “no more than 3m from the rear of the original dwelling”. I then came across a house nearby that was in a similar situation to myself and had the original 4m extension refused but had then put in a planning application for a 4m extension to just the side extension which was approved, they then used PD rights to build the 4m extension for the back of the original house. The two ‘approved’ extensions where built at the same time and obviously merged into the one open plan extension without joining walls. When I spoke with them, they stated that they had been advised by the planning Officer to go down this route after they had been refused the PA for 4m across the entire rear of the property.

My questions are;

• Has anyone come across this merging of PD & PA before, and what was the outcome?
• Is this ‘allowed’ or was the nearby house ill informed?
• Would an additional PA be required to join the two extensions together, and what would the likelihood of permission being granted?

 

[Nakajo]

In general, there's no problem, as long as you build out your PD rights before enacting the planning permission. However, without seeing some actual drawings, it's hard to say with any certainty. One thing to note is that until a recent court judgment, the legislation was a bit vague in regards to 'piggy-backing' PD development, so some developments may have taken advantage of that loophole.

 

[Idge50]

Please see below drawing that indicates what is in place and what is proposed with the PA and the PD, if you need further info let me know, thanks.

 

[garyo]

If the existing kitchen is already an extension, then my interpretation is that your new 'PD' extension shown in red won't class as PD. This is because the proposed PD touches existing kitchen extension and they'll be considered together as the 'total enlargement', therefore forming a rear extension that's beyond 3M as well as a side extension that's beyond 50% of the width of the total house.

 

[Nakajo]

@garyo My understanding was that PP hadn't yet been built.... Oh, I see, the kitchen is already an extension?

 

[Idge50]

The kitchen has already been extended to the side which is why I cannot get PD for an extension across the whole rear of the house but I can get it for the area in red as this is the original house as it stood in 1948. If you follow the line up from the Garage wall opposite the boundary line, this would have been the wall of the original house.

To extend further on the extended part of the kitchen I would need Planning Approval hence the proposed planning picture shows a 4m extension just on the side extended part of the Kitchen.

So are we still saying that if I got planning approval for the Extension to the side extension in picture 2 and approval via the neighbor consultation for the PD Extension. That if the PD was ‘officially’ built first that I could then extend across using the Planning approval?

 

[garyo]

If you follow the line up from the Garage wall opposite the boundary line, this would have been the wall of the original house.

Ah I see, I can see the 'nib' in the back kitchen wall where the old corner of the house used to be.

So are we still saying that if I got planning approval for the Extension to the side extension in picture 2 and approval via the neighbor consultation for the PD Extension. That if the PD was ‘officially’ built first that I could then extend across using the Planning approval?

Yes I think you'd be okay in that respect, although I've become less sure since reading the discussions on here re the standard wording on most PP approvals which states "in accordance with the submitted plans" which is somewhat ambiguous when you play the PD/PP game.

 

[Idge50]

Thanks for the replies, my plan B if I don't get Planning Approval on the 4m Extension to the side would be to re submit with a 3 m across the entire rear which looking at other nearby properties seems to get approved. Following that up with the PD for 4m on the original dwelling and merging the two which would give me a little notch in the top corner, not ideal but workable given the bulk of the extension area will be 4m.

 

[Alphatiger]

Hi, the secret is to leave a 50mm gap between your PD and the side extension and it will get passed up to 6m depth, E.G. see Harrow Council's website 85 Broomsgrove Gdns, Edgware HA8 5RJ