Permitted development and a confused local council

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We have been following kingston councils advice throughout our extension build and they constantly contradict themselves, and I was hoping to get some advice here.

We applied for planning for a single story rear, two story side extension with a loft conversion on our 1930's home. This was rejected due to the general size of the proposal. So we went it the council and the planner told us to resubmit, reducing the rear extension from 5 to 4 meters and take the dormer off and to do that under lawful development. The second planning submission was then approved.

So we then did as we were advised and put in an LD application for the dormer and this was then rejected as apparently the 50sm also includes any roof space that's not the original house. The approved roof space pretty much negates our ability to put a dormer on.

We were then advised that if we do the dormer before the extension we would be ok. A week later we phone them up and they have changed their minds and we were told that we won't be able to do a dormer without going back and resubmitting our original plans which have already been rejected, which is a pointless exercise.

There's two other builds going on in the street doing exactly what we asked to do, but as they got approval a year ago, they are allowed and we're not.

Not sure what to do now, seems that the council are not sure how to implement the policy and the three planners we've consulted with all have different opinions on it.
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Do the dormer before you start the extension. The dormer is permitted development so as long as it is complete before you start the extension there's nothing they can do about it.

PS. This assumes your planning permission for the extension did not remove your pd rights.
 
Apparently not. If we do the dormer first, they will insist on us resubmitting our approved planning (as the house would have changed) which they told us they would likely then refuse.

They didn't revoke the PD rights when the plans were approved, so in theory we should be able to do the dormer first, but they are now telling us that we can't as we have used the PD roof space allowance in the plans.

They are effectively restricting any further dormers in the entire street, as every house has a two story side extension already, and therefore according to this rule, has used up most of their PD rights.

Doesn't seem right to me.
 
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they are now telling us that we can't as we have used the PD roof space allowance in the plans.

They cannot do that.

A planning permission for a side extension which presumably uses up most of your 50 c.m. can not restrict what you can do under permitted development, as long as no part of the permission has been implememted.

You are still free to build your rear dormer, under p.d. and then re-apply for planning permission for the side. You will almost certainly get a refusal, but you can appeal that.
 
Many thanks for the advice.

We started the ground works a couple of weeks ago, under the advice of the planners. It's up together dpc at the moment. Sounds like this night have been a mistake. Needed to do that really to enable us to get scaffolding up to do the loft.
 
If the two works overlap they will be deemed to be the same development. Can you cover the foundation over so it can't be seen.
 
Doesn't seem right to me.
Alas, there are no precendents in planning, and every case is decided on the whims of whichever planning orificer is dealing with that area this week
 

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