New planning regulations - any experiences to share

[MattLowe]

Hi,

We are currently planning a 4m rear extension for a 1930s end of terrace house in Merton. The adjacent property has a 3m extension. Ours has a dodgey 3m timber extension which we plan to bring down and replace with a 4-4.5m rear extension.

Has anyone had any experience of the new planning regs, neighbour consultation scheme?

Any comments on our plans would be greatly appreciated?

 

[freddiemercurystwin]

What do you want to know? Any specific questions? You submit the required information, if anyone legitimately objects then planning permission will be required.

 

[tony1851]

Has anyone had any experience of the new planning regs, neighbour consultation scheme?

How long have you got?!

I've recently submitted my first PN application for a client's 6m rear extension.
I gave the LPA all the information required under the new procedure, including;

" a plan indicating the site and showing the proposed development".

They wrote back two days later refering to it as a "planning application" and demanding that I submit drawings of all elevations as well.

Furthermore, they have advised that they will return my "application" [sic] within 10 days if I do not send in the drawings.

They have not even notified the neighbours. This is completely against the rules. I could just leave it for the 42 days, and then advise the client he could commence work. But this LPA is so bloody-minded that they could serve him with an enforcement notice, with all the hassle and risk that entails.
I knew this system would be a complete mess; I hope OP has better luck.

 

[MattLowe]

freddymercurystwin...

I guess my questions hinge on what would be a legitimate objection?

 

[MattLowe]

Tony1851...

I am considering making an application based on the new regs after exchanging before completing with a chance of starting the work in September. (Expect to complete mid August). Am I being over ambitious?

If it goes to a full planning application I'm guessing the time frames involved would be much longer? And costly!

 

[tony1851]

I guess my questions hinge on what would be a legitimate objection?

Assuming your LPA follows the rules, any objection by a neighbour (legitimate or spurious) will cause the LPA to look at your proposal and decide if it affects any neighbour's amenity to an unreasonable degree.

If they think it doesn't, then they will advise you accordingly and you can build your extension without further ado. If they think it does affect amenity, they will refuse your notice and advise that the proposal is not permitted development and would require a planning application.

One point to bear in mind is that if only one neighbour objected, the LPA would still have to consider the amenity-impact on all adjoining neighbours.

 

[MattLowe]

Tony1851...

Thanks. As my neighbour immediately adjacent to me has already extended to 3m and my proposed extension will only protrude 1-1.5m beyond his extension, I dont see how this will impact on his amenity space. What do you think?

As the house is end of terrace I cant really see it affecting anyone else although they may simply object because they dont like the ideaa of builders being about which Im sure the council will see through.

 

[tony1851]

Tony1851...

I am considering making an application based on the new regs after exchanging before completing with a chance of starting the work in September. (Expect to complete mid August). Am I being over ambitious?

If it goes to a full planning application I'm guessing the time frames involved would be much longer? And costly!

I don't think there's anything in the new rules which would prevent you sending in the Notice before completion.
But your prospective neighbours will get to know about the proposal - possibly before you move in; they might be concerned about what's happening or who's moving-in, and may just object in principle.
In that case, you would need to submit a planning application, and the 8-week period would then be added to the time lost by the prior notification process.

 

[tony1851]

they may simply object because they dont like the ideaa of builders being about which Im sure the council will see through.

Don't bank on it! Remember that the LPA has to do this process for free. If they think they could get the £172 fee for a planning application - even if someone raises an unreasonable objection - there's every incentive for the LPA to say "oh, we think it will affect amenity so you should make a planning application": translate; "we want some money from you".

 

[wessex101]

I have recently submitted my first "larger extension permitted development with neighbour consultation application" (very catchy title) so cannot comment on results yet.

However I did make a point of showing retained existing large shrubs/bushes etc. and other factors which highlighted the protection of neighbour privacy and amenity. I was also considering submitting some photos but in the end decided against it for other unrelated reasons. I also emphasised to my client the importance of discussing the proposal with the neighbours first to get them onside.

Fingers crossed.

 

[rjm2k]

cause the LPA to look at your proposal and decide if it affects any neighbour's amenity to an unreasonable degree.

If it affects amenity, doesn't it mean it's pointless applying for PP since they will never allow it anyway?

 

[tony1851]

cause the LPA to look at your proposal and decide if it affects any neighbour's amenity to an unreasonable degree.

If it affects amenity, doesn't it mean it's pointless applying for PP since they will never allow it anyway?

An extension will almost always affect the amenity of the adjoining property - it's a question of by how much.
But if a neighbour objects, and the LPA agrees that amenity is unduly affected, then it will declare the proposal not permitted development. The householder can then appeal in the usual way.