Neighbours objections

[awaitcall]

Im after some urgent advise please.

PD rights have been removed from my property.
I have put in a planning permission for a side extension which is under PD. clearly stated on the application form

The extension is under 50% of width of the property under 4 metres hight also it is set back from the original property.

3 residents have wrote in to object with various issues. Ie the extension will look out of character etc etc but the main issue is parking problems.
The reason i have set the extension back is to cater for 4 parking spaces within the boundary so no issues there.

My concern is if the development is PD do planners still have to go through planning guidelines in making a decision?

 

[big-all]

no expert but your permitted development right have been removed for a reason so they don't exist so why mention them as they are not applicible
you can only go the planning route i assume ??

 

[jeds]

The local authority would have to have a very good reason to refuse your application. Why was your PD removed? In certain circumstances the local authority would have to pay compensation if it refused a planning application which would otherwise have been PD if those PD rights had not been removed. This is worth checking if only to remind them of that fact - or rather let them know that you are aware of it.

 

[Bishee1999]

Thanx jeds

PD rights wher removed when change of use was granted

 

[freddiemercurystwin]

no expert but your permitted development right have been removed for a reason so they don't exist so why mention them as they are not applicable
you can only go the planning route i assume ??

No what the OP has done is quite correct, its a funny one, you apply for planning permission for something that would ordinarily be PD. And there's no fee either unless the original conditions dictated otherwise.

I've always found it a bizarre situation, that you have to apply for a PD extension when they have restricted PD and generally they are passed anyway!

jeds, what would you consider 'a very good reason to refuse'? And under what circumstances would the local authority have to pay compensation? And how would one check this? Not nitpicking but I seem to do have done a few of these and so far they get though OK but am interested in determining any reasons or criteria they may have for refusal.

 

[Bishee1999]

That was my next question freddy

Quite interested to kno what would be a good reason to refuse

 

[jeds]

I say that on the basis of liability for compensation - just adding two and two really. If the planners don't have a good reason then I would say the liability surely increases.

Having said all that, the rules changed a few years ago and I think compensation is now only available for article 4 directions. So it wouldn't apply here.

 

[freddiemercurystwin]

I say that on the basis of liability for compensation - just adding two and two really. If the planners don't have a good reason then I would say the liability surely increases.

So what's a good reason?

 

[jeds]

Can't really think of anything applicable here. If it was an exemplary street of untouched 1930s houses that might have been a good reason. But it's a change of use so that's not likely. If the gap between houses is unbalanced and the side extension would be very close to the adjacent property that might be a good reason. What I wouldn't accept though is the LA refusing it just because PD rights are removed and they can. If the extension is a fairly standard side job - just like hundreds of others in the area built under PD - then I can't really see a justifiable reason.

 

[cjard]

The reason i have set the extension back is to cater for 4 parking spaces within the boundary so no issues there.

Check your local council's adopted policies regards parking spaces for the size of your dwelling. Don't provide more parking spaces than "necessary" (provide the recommended amount, then pave the rest of the front lawn later)

I hope you didn't pay for your planning application!

 

[big-all]

thanks for taking the time to explain freddymercurystwin much appreciated
certainly a contradiction in terms and confusing

 

[awaitcall]

6 bedroom house requires 4 car spaces

Highways recommendation when change of use was approved.

Showed 4 car spaces in plans for change of use.
4 car parks still exists for side extension application