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Overcome original planning permission condition forbidding extensions

Discussion in 'Building Regulations and Planning Permission' started by mafj, 7 Sep 2016.

  1. mafj

    mafj

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    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
     
  2. Nakajo

    Nakajo

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

    ^woody^

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    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.
     
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  4. ^woody^

    ^woody^

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    Appeal from 19 years ago? :rolleyes:
     
  5. Nakajo

    Nakajo

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    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.
     
  6. freddiemercurystwin

    freddiemercurystwin

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    I thought it was six months?
     
  7. ^woody^

    ^woody^

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    Is removing conditions a non material change? :cautious:

    Try section 78
     
  8. Nakajo

    Nakajo

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    Try reading section 96A
     
  9. ^woody^

    ^woody^

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    Try reading How to Win Friends and Influence People
     
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  10. Nakajo

    Nakajo

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  11. freddiemercurystwin

    freddiemercurystwin

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    Try answering the question.
     
  12. ^woody^

    ^woody^

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    Try reading the previous posts.
     
  13. Nakajo

    Nakajo

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    I love this place
     
  14. freddiemercurystwin

    freddiemercurystwin

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    Try being more helpful then.
     
  15. Nakajo

    Nakajo

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    But what if I don't know the answer?
     
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