Summary: my property is in the Green Belt.
- Planning permission was obtained for a two storey side extension and separate rear dormer window. PD Rights were removed.
- A Certificate of Lawfulness (proposed) was obtained for a 3-metre two storey rear extension.
- A subsequent planning application for 4-metre two storey rear extension (deeper than possible under PD, but agreeing not to construct the approved two storey side extension) was refused.
- The LPA concluded that there was no fall-back position; as, once the PD rear extension had been constructed, it would be impossible to construct the dormer window that had been approved. Hence, that permission could not be implemented in full and thus the two storey side extension granted permission could not be constructed.
- The LPA therefore considered that this could not be included in the fallback & rejected the application.
We had assumed that the two storey side extension and dormer window granted permission were separate and distinct elements.
So,
(i) where there are more than one element to an approval should these be viewed as separate elements; and is it permissible to build only one element?
(ii) if they should be viewed as one, is it permissible to only construct part of the approved works in a planning permission?
(iii) are there any guidelines, judgements, etc that support this?
i.e. if one has approval for a rear extension and a porch is it valid to only build one or other, or is it a requirement to build both under that approval.
I am gearing up towards an appeal and would greatly appreciate any assistance.
- Planning permission was obtained for a two storey side extension and separate rear dormer window. PD Rights were removed.
- A Certificate of Lawfulness (proposed) was obtained for a 3-metre two storey rear extension.
- A subsequent planning application for 4-metre two storey rear extension (deeper than possible under PD, but agreeing not to construct the approved two storey side extension) was refused.
- The LPA concluded that there was no fall-back position; as, once the PD rear extension had been constructed, it would be impossible to construct the dormer window that had been approved. Hence, that permission could not be implemented in full and thus the two storey side extension granted permission could not be constructed.
- The LPA therefore considered that this could not be included in the fallback & rejected the application.
We had assumed that the two storey side extension and dormer window granted permission were separate and distinct elements.
So,
(i) where there are more than one element to an approval should these be viewed as separate elements; and is it permissible to build only one element?
(ii) if they should be viewed as one, is it permissible to only construct part of the approved works in a planning permission?
(iii) are there any guidelines, judgements, etc that support this?
i.e. if one has approval for a rear extension and a porch is it valid to only build one or other, or is it a requirement to build both under that approval.
I am gearing up towards an appeal and would greatly appreciate any assistance.