Permitted developement using larger Home Extension - can the LPA object without neighbours objecting

[tony1851]

The LPA does consider the effect on the amenity of the neighbours irrespective of whether they get any complaints or not. It's in the guidance.

You seem to imply that the LPA has a say (on amenity) even if they get no complaints, but that's not so; your screen shot from the guidance confirms this.
The bit you highlighted only applies if the LPA receives a complaint.; if the LPA receives no complaint, they do not look at the scheme.
Your interpretation would suggest that this is almost akin to a planning application, which is not the purpose of the prior notification scheme.

Read the actual legislation. In particular section 4 (6) and 4 (7) a and b

Could you post the SI number for this?
thanks

 

[steveinoz01]

42 days......plus the time it takes me to sort the scaled drawings for the application form . I'm not the most artistic person and the architect I spoke to seems to think I cant use the Larger Home Extension rules without the LPA taking an interest in 'affect on amenity' so I need to find an architect type that shares my opinion. Anyone that can do plans and agrees with my view (which is the LPA only have a say if the neighbours object) and is local to Coventry please feel free to PM me!

 

[Nakajo]

Technically, you have to submit 'a plan' (so, not 'plans') indicating only the site and the proposed development, together with a written description which includes how far the enlarged part of the house will extend beyond the rear wall of the original house, the maximum height of this extension, and its height at the eaves.

That said, if a neighbour objects, then the LPA is allowed to request further information. Because of the tight timeframe, they're likely to reject (is that the right term?) the application if this information is unavailable. For this reason, if you think it likely that neighbours will object, then it's sensible to provide additional information at the outset (e.g. elevations showing window locations). It is also probably sensible to discuss your proposals with neighbours prior to making the submission.

 

[^woody^]

The LPA does consider the effect on the amenity of the neighbours irrespective of whether they get any complaints or not. It's in the guidance.

You seem to imply that the LPA has a say (on amenity) even if they get no complaints, but that's not so; your screen shot from the guidance confirms this.
The bit you highlighted only applies if the LPA receives a complaint.; if the LPA receives no complaint, they do not look at the scheme.
Your interpretation would suggest that this is almost akin to a planning application, which is not the purpose of the prior notification scheme.

Read the actual legislation. In particular section 4 (6) and 4 (7) a and b

Could you post the SI number for this?
thanks

http://www.legislation.gov.uk/uksi/2013/1101/contents/made

 

[Nakajo]

Woody, the guidance says that if a representation is made then the LPA is required to consider the impact on all neighbours - regardless of which one made the representation. But if no representation is made, then there is no provision to consider impact. I agree that it's not very clear. But the alternative interpretation renders the statement about representations obsolete.

Also, note that the completion date has been extended to 2019.

 

[tony1851]

42 days......plus the time it takes me to sort the scaled drawings for the application form . I'm not the most artistic person and the architect I spoke to seems to think I cant use the Larger Home Extension rules without the LPA taking an interest in 'affect on amenity' so I need to find an architect type that shares my opinion. Anyone that can do plans and agrees with my view (which is the LPA only have a say if the neighbours object) and is local to Coventry please feel free to PM me!

Look, you don't have to do scaled drawings for a prior notification. A simple, hand drawn sketch will do, with a few notes marked on about maximum projection, maximum height, and maximum height to the eaves. Also a note about materials matching the existing, and that's it for drawings.

You also have to give the addresses of all properties contigious with yours.

One of the main reasons for this new system was to simplfy the procedure, and to reduce costs, mainly through not having to get plans drawn.

 

[tony1851]

Woody, the guidance says that if a representation is made then the LPA is required to consider the impact on all neighbours - regardless of which one made the representation. But if no representation is made, then there is no provision to consider impact. I agree that it's not very clear. But the alternative interpretation renders the statement about representations obsolete.

Also, note that the completion date has been extended to 2019.

Yes, I think you're right; the LPA should have no input unless any one neighbour complains.

 

[steveinoz01]

UPDATE FROM OP:

I hate it when you read a forum post and it just tails off with no answer so here is the answer to my original question which was 'can the LPA object without neighbours objecting (when developing under PD using the larger home extension rules)?'

The answer is - No the LPA cannot object if no neighbours object after the consultation period has been completed.

I received notice from the LPA (Coventry in this case) that no neighbours had raised any objections to my plans under PD larger home extensions and 'they therefore confirm prior approval is not required'.

Thanks for everyone's input on this one.

 

[wessex101]

Nice one. Always good to get updates.

 

[Nakajo]