Overcome original planning permission condition forbidding extensions

[mafj]

Hi,
I am trying to firstly estabilish whether I have problem

My semi-D bungalow has been built 19 years ago based on planning permission, which came with set of conditions (see below).
The question: am I likely to have a problem building loft extension.
Do these conditions still hold even after 19 years.
Do I need to go for planning permission even with changes that normally fall into Permitted Development.
When applying for Planning Permission, is the Council likely to take these old notes seriously.

Finally, would it be safe to go with this through planning DIY method,
would hiring someone would more likely bring results and how much could this cost?

Conditions:
Notwithstarxiing the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extensions, Or additions or garages shall be erected other than those expressly authorised by this perrnission.

Reason: To protect the amenity of adjoining properties, and to prevent overdevelopment of the Site.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification), no windows or dormer windows Other than those expressly authorised by this permission shall constructed.


Regards,
MJ

 

[Nakajo]

Yes. You need to appeal against the condition or submit a planning application

 

[^woody^]

The council want to control what is done to the property in future, so they have removed the right for certain work to be done under permitted development, and now require that a planning application is made for the type of work stated in the condition.

The condition is valid for ever, but that does not mean that future planning applications will be refused, its just that the council wants to decide what work is appropriate.

Whether you have the knowledge and experience to get the type of conversion you want, is down to you to know. A good designer can make it easier to get permission for schemes that might otherwise not be approved. A bad designer will be no better than a DIY effort.

It all depends on your property, and the properties around it, as to whether your proposal would be approved, and not particularly that conditon.

 

[^woody^]

You need to appeal against the condition

Appeal from 19 years ago?

 

[Nakajo]

Is there a time limit for an appeal under section 96A? It says "An application under subsection (4) must be made in the form and manner prescribed by development order.", but I don't know whether that implies a time limit. It seems to me that the spirit of 96A is to allow amendment of conditions that seemed important at the time, but are now less so.

 

[freddiemercurystwin]

I thought it was six months?

 

[^woody^]

Is there a time limit for an appeal under section 96A

Is removing conditions a non material change?

Try section 78

 

[Nakajo]

Try reading section 96A

 

[^woody^]

Try reading How to Win Friends and Influence People

 

[Nakajo]

 

[freddiemercurystwin]

Try answering the question.

 

[^woody^]

Try reading the previous posts.

 

[Nakajo]

I love this place

 

[freddiemercurystwin]

Try being more helpful then.

 

[Nakajo]

But what if I don't know the answer?